Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers

Posted January 9th, 2018 in appeals, employment, human rights, judges, judiciary, news, whistleblowers by sally

‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’

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Old Square Chambers, 3rd January 2018

Source: www.oldsquare.co.uk

Jailed Whistle-Blower in Plea for Press Freedoms as Supporters Launch Crowdfunding Campaign – Garden Court Chambers

‘A prison officer who lost his freedom, home and livelihood after being jailed for exposing dangerous and life-threatening failures and cutbacks in the British prison system has spoken out over the “chilling effect” that his case has had on press freedoms in the UK.’

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Garden Court Chambers, 23rd November 2017

Source: www.gardencourtchambers.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

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Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers

Posted November 24th, 2017 in disciplinary procedures, employment, news, whistleblowers by sally

‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Sports Law Bulletin from Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Whistleblowers deterred by fears over damaging career prospects, finds research – The Independent

Posted November 8th, 2017 in employment, news, professional conduct, reports, statistics, whistleblowers by tracey

‘Nearly two-thirds of UK business managers would avoid whistleblowing at work for fear of damaging their career prospects, a new report has found.’

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The Independent, 8th November 2017

Source: www.independent.co.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Male police officers given £96,000 payout after they were sidelined for calling out sexism – Daily Telegraph

‘Two male police officers have been awarded £96,000 after they claimed they were sidelined for raising concerns about sexist attitudes in their force.’

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Daily Telegraph, 22nd August 2017

Source: www.telegraph.co.uk

Rotherham abuse: Whistleblower investigation ‘examined’ – BBC News

‘The handling of an investigation into the woman who first revealed the child sexual abuse scandal in Rotherham is to be examined, the BBC’s Victoria Derbyshire programme has learned.’

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BBC News, 23rd August 2017

Source: www.bbc.co.uk

Whistleblowing – an update – 11KBW

Posted August 22nd, 2017 in disclosure, news, unfair dismissal, whistleblowers by sally

‘Protected disclosure claims continue to keep employment lawyers, Tribunals and the EAT busy. The attractions of whistleblowing claims for claimants are well rehearsed: no qualification period for unfair dismissal claims and no cap on compensation, plus a whistleblowing claim can raise the publicity stakes for respondents.’

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11KBW, 10th August 2017

Source: www.11kbw.com

Michael Duggan QC on Whistleblowing, Self Interest and Public Interest: Chesterton Global Limited v Mohamed Nurmohamed, Public Concern at Work – Littleton Chambers

Posted August 22nd, 2017 in appeals, news, public interest, unfair dismissal, whistleblowers by sally

‘Whilst the Taylor Review may be the talking point of the week, Michael Duggan QC writes that the case of Chesterton Global Limited v Mohamed Nurmohamed, Public Concern At Work (intervener) [2017] EWCA Civ 979, 10th July 2017 is perhaps the case of the week. It concerns the vexed question of good faith in public interest disclosures of whistleblowing.’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Regulations broaden financial sanctions reporting obligation – OUT-LAW.com

‘New UK regulations have been published that significantly extend the duty to report financial sanctions breaches. Previously only banks, financial institutions, certain EEA credit institutions, and currency exchange businesses were obliged to report, but the duty now applies to a far broader range of professions and sectors.’

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OUT-LAW.com, 14th August 2017

Source: www.out-law.com

Serious Fraud Office opens investigation into BAT bribery claims – The Guardian

Posted August 2nd, 2017 in bribery, corruption, news, Serious Fraud Office, whistleblowers by tracey

‘Allegations that British American Tobacco was involved in bribery and corruption in Africa are being investigated by the Serious Fraud Office, despite the cigarette company’s attempts to downplay the significance of a whistleblower who handed over a dossier of evidence.’

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The Guardian, 1st August 2017

Source: www.theguardian.com

Whistleblowers and journalists ‘at risk of prison’ in secrets law reform – Law Society’s Gazette

Posted May 17th, 2017 in civil servants, media, news, official secrets act, whistleblowers by sally

‘Proposals by the Law Commission to reform the 1989 Official Secrets Act (OSA) could lead to the imprisonment of civil servants and journalists for disclosing information that would be available to anyone asking for it under the Freedom of Information Act, a leading campaigner for freedom of information has said.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers

Posted May 16th, 2017 in appeals, employment, employment tribunals, news, whistleblowers by sally

‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Freedom of Information Act document leaks could become criminal – The Guardian

‘Whistleblowers and journalists could be imprisoned for revealing documents that can be obtained through freedom of information requests, campaigners have warned.’

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The Guardian, 14th May 2017

Source: www.guardian.co.uk

Free speech groups call for public interest defence for whistleblowers – The Guardian

Posted May 3rd, 2017 in freedom of expression, news, public interest, whistleblowers by tracey

‘A public interest defence should be created to protect journalists and whistleblowers who disclose secret information that reveals serious criminal activity or widespread breaches of human rights, an alliance of free speech organisations has said.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Barclays whistleblower case sparks calls for more protection – The Guardian

Posted April 12th, 2017 in employment, news, whistleblowers by sally

‘Whistleblowing charities and law firms have called for companies to offer more protection to workers who flag up internal problems after the chief executive of Barclays attempted to track down the author of anonymous letters.’

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The Guardian, 11th April 2017

Source: www.guardian.co.uk