Whistleblowing Law and Practice /

This book has been substantially updated since the previous edition, reflecting major case law developments. Chapter 1 introduces the work and considers significant proposals for reform and the new EU Whistleblowing Directive. Part 1 then sets out the statutory framework for the protection of whistl...

Ausführliche Beschreibung

Gespeichert in:
Weitere Titel:
W Blowing
Hauptverfasser:
Lewis, Jeremy, Bowers QC, John, Fodder, Martin, Mitchell, Jack
Format:
Elektronisch E-Book
Sprache:
Englisch
Veröffentlicht:
Oxford Oxford University Press 2022
Ausgabe:
4th ed.
Zusammenfassung:
This book has been substantially updated since the previous edition, reflecting major case law developments. Chapter 1 introduces the work and considers significant proposals for reform and the new EU Whistleblowing Directive. Part 1 then sets out the statutory framework for the protection of whistleblowers under the Employment Rights Act. Chapter 2 sets out the structure of the UK legislation, and principles of construction, as a matter of domestic law. Chapter 3 describes the interface between whistleblowing protection and the interpretive requirement to conform with the European Convention on Human Rights (Chapter 3). There are two chapters. The first, on extra-territoriality (Chapter 8), covers material previously included within what is now Chapter 7 but also includes consideration of the position post-Brexit. The second addresses the important considerations which arise in relation to privilege and judicial immunity (Chapter 14). Part 2 (Chapters 15 to 20) deals with whistleblowing-related issues beyond the specific legislative scheme and also, in Chapter 17, section 43J ERA which makes void and provision in an agreement with a worker which would preclude protected disclosure. The final part of the book considers practical aspects of whistleblowing protection. Chapter 21 considers significant developments on the approach to this in the Health and Financial Services sectors, including the new provisions in the ERA prohibiting discrimination on the ground of protected disclosures against NHS applicants (and though not yet in force applicants in Children Social Care). Chapter 22 then considers whistleblowing policies more broadly, and the interface with data protection requirements. Finally, the Appendices include an illustrative case study, a survey of awards in relation to injury to feelings and aggregated damages (to be read with Chapter 12 on Remedies), and precedents relevant to whistleblowing claims.
Umfang:
1 online resource (1121 pages)
Anmerkungen:
Includes bibliographical references and index.
ISBN:
0-19-194341-X
0-19-266409-3
0-19-266408-5
Schlagworte:
proportionality, ECHR Article 10
good faith, motive
Bezugswerke:
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