- November 29, 2017
Early conciliation: a relaxed approach or not?
A recent series of cases before the EAT have highlighted the complexities faced by respondents when determining whether to challenge the ET’s jurisdiction where a claimant has failed to comply with the EC requirements.
- August 23, 2017
Whistleblowing protection: a fluid approach
The Court of Appeal has considered the meaning of the words “in the public interest”, which were added to whistleblowing legislation by the Enterprise and Regulatory Reform Act 2013. While guidance was provided to employment tribunals, it is clear that a fluid approach should be adopted in considering what is meant by “a reasonable belief … Continue reading Whistleblowing protection: a fluid approach →
- May 18, 2017
Court of Appeal clarifies scope of whistleblowing protection
The Court of Appeal has recently clarified the scope of whistleblowing protection provided by Part IVA of the Employment Rights Act (ERA) 1996 in Day v Health Education England & others  EWCA Civ 329. Whistleblowing protection is afforded to employees and workers, and an extended definition of worker set out under section 43K ERA … Continue reading Court of Appeal clarifies scope of whistleblowing protection →
- February 16, 2017
Publication of Employment Tribunal judgments: what next for employers?
Last week, the Ministry of Justice (‘MOJ’) formally launched its website of Employment Tribunal (‘ET’) decisions. Presently, the website contains around 140 past decisions from 2015 onwards. Future ET decisions handed down in England, Wales and Scotland will be uploaded onto the website. This post considers what impact the publication of decisions may have upon … Continue reading Publication of Employment Tribunal judgments: what next for employers? →
- October 13, 2016
Agency workers blowing the whistle: time to revisit the scope of protection?
Recent EAT decisions involving healthcare professionals demonstrate tensions in the interpretation of the extended definition of “worker” for the purposes of whistleblowing protection.
- January 11, 2016
Dealing with whistleblowing claims: tips for in-house lawyers
In recent years, there has been considerable government intervention in whistleblowing. Responding to the perception that whistleblowing legislation was being exploited as a means of avoiding the compensatory cap for unfair dismissal claims, the government introduced a requirement that a disclosure is not protected unless it is reasonably believed to be made in the public … Continue reading Dealing with whistleblowing claims: tips for in-house lawyers →