Whistleblowers’ lawyers “fear retaliation” over NDAs – Legal Futures

‘Lawyers acting for whistleblowers have told MPs and peers that they can feel intimidated to raise concerns over non-disclosure agreements (NDAs) because of the threat of retaliation.’

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Legal Futures, 23rd July 2020

Source: www.legalfutures.co.uk

Returning from lockdown – Dealing with employee complaints: whistleblowing and the Equality Act – St John’s Buildings

Posted May 29th, 2020 in complaints, coronavirus, employment, news, whistleblowers by sally

‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’

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St John's Buildings, 18th May 2020

Source: stjohnsbuildings.com

Anger as watchdog clears Alzheimer’s Society of wrongdoing – The Guardian

‘The charity watchdog is embroiled in a row with ex-employees of the Alzheimer’s Society after clearing it of wrongdoing, following claims in a Guardian investigation over payouts to workers who signed non-disclosure agreements (NDAs).’

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The Guardian, 4th May 2020

Source: www.theguardian.com

Whistleblowers: A Novel Approach – Cloisters

Posted April 24th, 2020 in chambers articles, disclosure, duty of care, news, whistleblowers by sally

‘Daphne Romney QC and Schona Jolly QC consider the recent High Court judgment in Rihan v Ernst & Young Global Ltd & others [2020] EWHC 901 (QB), which provides an interesting new angle for employment, international and commercial lawyers whose clients are not entitled to the statutory whistleblowing protection embedded within the Employment Rights Act 1996. Whilst the reach of the new duty of care is likely to be limited to very specific situations, it imposes a new duty of care on employers to protect against economic loss, in the form of loss of future employment opportunity, by providing an ethically safe work environment, free from professional misconduct (or indeed criminal conduct) in a professional setting.’

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Cloisters, 21st April 2020

Source: www.cloisters.com

Unexplained Wealth Orders Discharged – 23 Essex Street

Posted April 17th, 2020 in chambers articles, news, proceeds of crime, whistleblowers by sally

‘In a reserved Judgment following a two day hearing in March this year Mrs Justice Lang has discharged 3 Unexplained Wealth Orders (“UWO” or “UWOs”) and related Interim Freezing Orders (“IFO” or “IFOs”).’

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23 Essex Street, 8th April 2020

Source: www.23es.com

Causation in whistleblowing cases – St John’s Buildings

Posted April 17th, 2020 in causation, chambers articles, disclosure, employment, news, whistleblowers by sally

‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’

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St John's Buildings, April 2020

Source: stjohnsbuildings.com

Whistleblowing: how easy is it to make a qualifying disclosure? – St John’s Buildings

‘It is generally assumed that the threshold for a statement made by a worker to qualify for whistleblowing protection is not high. After all, the information provided need only ‘tend’ to show, in the ‘reasonable belief’ of the worker that one of the wrongs identified in s.43B Employment Rights Act 1996 is being, has been, or will be committed. Often therefore, an unfair dismissal, or detriment, claim will proceed on the basis, without more, that the worker told the employer something to do with health and safety (or legal obligation or crime etc.). A deeper analysis of the s.43B requirements shows that qualification for protection is not as simple as first appears.’

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St John's Buildings, March 2020

Source: stjohnsbuildings.com

Illegality and separating a PD from an underlying dispute – 3PB

‘Tracey Robinson (‘C’) was hired by Mr Cathcart on behalf of the Crown Prince Ras-alKhaimah (‘the Sheikh’) in 2007 to carry out a number of duties including looking after the Sheikh’s children and properties in the UK. The contract clearly stipulated that C was responsible for paying her own tax.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Employment Update – Spring 2020 – Ely Chambers

‘The latest from our Employment team.’

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Ely Place, February 2020

Source: elyplace.com

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part Two – UKSC Blog

‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part One – UKSC Blog

‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers

Posted February 11th, 2020 in causation, disclosure, news, victimisation, whistleblowers by sally

‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’

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Old Square Chambers, 4th February 2020

Source: www.oldsquare.co.uk

Acas guidance warns against routine use of non-disclosure agreements – Local Government Lawyer

‘Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

NDAs ‘should not silence sexual harassment claims’ – BBC News

‘Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.’

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BBC News, 10th February 2020

Source: www.bbc.co.uk

West Suffolk Hospital staff ‘feared raising concerns’, says CQC – BBC News

Posted January 30th, 2020 in hospitals, news, reports, whistleblowers by tracey

‘Staff at a hospital accused of conducting a “witch hunt” to identify a whistleblower felt a lack of “freedom to speak up”, a report has said.’

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BBC News, 30th January 2020

Source: www.bbc.co.uk

Congolese torture survivor gets Home Office reprieve – The Guardian

Posted January 15th, 2020 in asylum, deportation, government departments, immigration, news, torture, whistleblowers by sally

‘A torture survivor from Democratic Republic of Congo (DRC) is celebrating after a Home Office U-turn allowed him to stay in the UK.’

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The Guardian, 15th January 2020

Source: www.theguardian.com

Employment and Discrimination Newsletter – January 2020 – 3PB

‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’

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3PB, 6th January 2020

Source: www.3pb.co.uk