Whistleblowing, Employment Tribunals and Mediation: about time to think outside the box? – Martin Fodder – Littleton Chambers

Posted January 10th, 2023 in chambers articles, disclosure, news, public interest, whistleblowers by sally

‘The Public Interest Disclosure Act, which introduced Part IVA and S.103A into the Employment Rights Act 1996, was regarded as pioneering, world-leading, legislation when it was passed in 1998. The importance protecting whistleblowers has become generally accepted in the years since then, not only in the United Kingdom but in Europe and beyond.. It is a reasonable assumption that a great deal of “whistleblowing” takes place each and every day which, before 1998, would not have occurred and it does so without any adverse action being taken against the “whistleblowers”. That is a massive cultural change for the better. PIDA and those who framed it must take a great deal of credit for it. However there is no longer a consensus that the legislative framework and the way in which it operates in practice is fit for the purposes of, on the one hand, ensuring that responsible whistleblowers are protected from retribution and, on the other, seeing that those wrongs or hazards to which responsible whistleblowers have drawn attention are remedied or prevented. Indeed Georgina Halford-Hall CEO Whistleblowers UK, writing in the Introduction to All Party Parliamentary Group (APPG) Report “Making Whistleblowing Work for Society” said, “In 2020, PIDA is the equivalent of having teeth extracted without anaesthetic.” It is difficult to disagree. And in 2022 the orthodontic experience she was referring to is likely to be even more painful.’

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Littleton Chambers, 5th December 2022

Source: littletonchambers.com

Doctors raise safety fears at Birmingham hospitals – BBC News

Posted December 2nd, 2022 in doctors, health & safety, hospitals, news, whistleblowers by tracey

‘Whistleblowers at one of England’s worst performing hospital trusts have said a climate of fear among staff is putting patients at risk.’

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BBC News, 1st December 2022

Source: www.bbc.co.uk

Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

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The Guardian, 13th November 2022

Source: www.theguardian.com

Justice system ‘put at risk’ by Ministry of Justice’s data-sharing project – Daily Telegraph

‘UK courts’ software system is accused of unlawful detentions and wrongful arrests, and whistle-blowers say the system is faulty and unsafe.’

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Daily Telegraph, 7th September 2022

Source: www.telegraph.co.uk

NHS whistleblower Shyam Kumar wins case against regulator – BBC News

Posted September 5th, 2022 in compensation, doctors, employment, hospitals, news, unfair dismissal, whistleblowers by tracey

‘A doctor who was sacked for raising patient safety concerns has won a case against England’s hospital regulator, the Care Quality Commission (CQC).’

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BBC News, 5th September 2022

Source: www.bbc.co.uk

14,000 online whistleblowers prompt HMRC crack down on furlough fraud – OUT-LAW.com

Posted August 25th, 2022 in benefits, coronavirus, fraud, news, whistleblowers by sally

‘UK businesses have been warned to expect a crackdown on furlough fraud by one legal expert, after HM Revenue & Customs (HMRC) revealed that almost 14,000 whistleblowers had come forward with information about misuse of the scheme.’

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OUT-LAW.com, 24th August 2022

Source: www.pinsentmasons.com

Met police take ex-officer who made claims of sexism and racism to court – The Guardian

‘The Metropolitan police is taking a former senior officer to court, claiming her allegations of racism and sexism broke an agreement meant to gag her from speaking out, the Guardian has learned.’

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The Guardian, 21st August 2022

Source: www.theguardian.com

Labour MP unfairly sacked senior adviser who called him ‘first class idiot’, tribunal finds – The Independent

‘A Labour MP unfairly dismissed his aide and ex-girlfriend after she felt “marginalised and isolated” in the months leading up to her losing her job, a tribunal has found.’

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The Independent, 3rd August 2022

Source: www.independent.co.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

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UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

Serious incidents more common in for-profit children’s homes in England – The Guardian

‘Serious incidents involving the police and whistleblowing complaints are more common in private children’s homes run to make a profit than in homes run by charities and councils, data suggests.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

SRA seeks whistleblowing role as part of SLAPPs action – Legal Futures

‘The Solicitors Regulation Authority (SRA) is set to make it easier for law firm staff to blow the whistle on their employers, as part of its work on strategic lawsuits against public participation (SLAPPs).’

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Legal Futures, 23rd June 2022

Source: www.legalfutures.co.uk

The whistleblowing bankers who were sent to jail – BBC News

Posted March 1st, 2022 in banking, fraud, interest, news, whistleblowers by sally

‘Two traders jailed for rigging interest rates were the original whistleblowers of the scandal, the BBC has learned.’

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BBC News, 1st March 2022

Source: www.bbc.co.uk

Brook House detention centre whistleblower ‘abuse’ inquiry begins – BBC News

‘A public inquiry into the mistreatment of immigration detainees has heard a BBC Panorama documentary revealed “shocking” treatment which had “no place in a decent and humane” system.’

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BBC News, 23rd November 2021

Source: www.bbc.co.uk

Frances Haugen to testify to MPs about Facebook and online harm – The Guardian

Posted October 25th, 2021 in bills, bullying, duty of care, fines, harassment, internet, news, whistleblowers by tracey

‘The Facebook whistleblower is to give evidence to MPs and peers scrutinising the online safety bill, amid calls for a toughening up of the landmark legislation.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Facebook whistleblower claims checked for breach of UK law – BBC News

Posted October 14th, 2021 in children, internet, mental health, news, privacy, whistleblowers by sally

‘The data-privacy watchdog has written to a Facebook whistleblower, requesting her full evidence to see whether the technology company has broken UK law.’

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BBC News, 13th October 2021

Source: www.bbc.co.uk

NHS child gender identity clinic whistleblower wins tribunal – BBC News

‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’

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BBC News, 5th September 2021

Source: www.bbc.co.uk

Worcestershire NHS managers knew cancers missed due to X-ray backlog – BBC News

‘Senior managers at an NHS trust knew up to 30 cancers may have gone undetected two years before an official probe into a backlog of thousands of X-rays. Three lung cancers were missed at Worcestershire hospitals NHS Trust, a sample check of results in 2014 found.’

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BBC News, 27th August 2021

Source: www.bbc.co.uk

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

‘Have confidence to speak up’: whistleblowing policy for judges unveiled – Law Society’s Gazette

Posted June 25th, 2021 in codes of practice, judges, judiciary, news, whistleblowers by tracey

‘The lord chief justice and senior president of tribunals want all judges to feel confident to speak up about any wrongdoing, according to a new whistleblowing policy unveiled this week. The 12-page Judicial Whistleblowing Policy: How to report wrongdoing document was published on the judicial intranet on Wednesday.’

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Law Society's Gazette, 25th June 2021

Source: www.lawgazette.co.uk