Lawyers want whistleblowing rules simplified
By Anthony Korn
The Employment Lawyers Association (ELA) has called for changes to the law on whistleblowing.
The ELA has concluded the statutory conditions attached to making ‘protected disclosures’ are complex and may deter whistleblowers from exposing wrongdoing. The association, whose 6,000 members include barristers and solicitors representing both employers and employees in the courts and employment tribunals, was responding to the Department for Business, Innovation and Skills’ ‘call for evidence’ on whistleblowing’s legal framework. This follows an initiative from Public Concern at Work, a charity supporting whistleblowers, which has set up a commission to review the operation of the current law. The commission is due to report later in November.
The lawyers felt that issues such as whether the whistleblower had raised the matter internally before discussing it with a member of parliament, or even the press, should be considered as part of a list of factors in determining the reasonableness of the disclosure. They also supported the idea that the list of ‘prescribed persons’ (usually regulatory bodies) identified in statutory instruments should be reviewed and updated regularly, but believed this should continue to be subject to parliamentary scrutiny rather than the ‘say so’ of government ministers…
If you are registered and logged in to the site, click on the link below to read the rest of the No5 Chambers briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from No5 Chambers
News from The Lawyer
Briefings from No5 Chambers
Where is the boundary between assistance and being in the arena, and how does the internet impact on that?
Helen Barney discusses the landmark Employment Appeal Tribunal case concerning holiday pay of Bear Scotland & others v Fulton & Ors, Hertel (UK) Ltd v Mr Woods & Ors and Amec Group Ltd v Mr Law & Ors.