Whistleblowing: Law and Practice by John Bowers

Whistleblowing: Law and Practice

byJohn Bowers, Martin Fodder, Jeremy Lewis

Hardcover | April 15, 2012

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This book provides a detailed survey of the law relating to public interest disclosure. It examines how the new system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise inpractice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection,confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes.Since the publication of the first edition, there have been substantial developments in the area, including those regarding whether a disclosure tends to show a Public Interest Disclosure, the burden of proof, remedies, and alternative dispute resolution. This new edition also covers the employmenttribunals' new powers to pass PIDA claims to the appropriate regulator, where the claimant consents, and provides extensive coverage of a number of important decisions emerging from the Court of Appeal and the Employment Appeal Tribunal, including Babula v Waltham Forest College, Ezsias v NorthGlamorgan NHS Trust and Fecitt and others v NHS Manchester.Written by an author team with extensive experience in the area, and making use of checklists and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and publicsector employers seeking guidance on whistleblowing procedures and policies.

About The Author

John Bowers QC is a Barrister at Littleton Chambers, specializing in both individual and collective employment law, discrimination and pensions law, and judicial review. He also sits as a Recorder on the Midland Circuit and is a Deputy High Court judge. Martin Fodder is a Barrister at Littleton Chambers, specializing in employment law....
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Details & Specs

Title:Whistleblowing: Law and PracticeFormat:HardcoverDimensions:560 pages, 9.69 × 6.73 × 0.03 inPublished:April 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199692831

ISBN - 13:9780199692835

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Table of Contents

1. IntroductionPART I: PROTECTING WHISTLEBLOWERS - THE PUBLIC INTEREST DISCLOSURE ACT 19982. Structure of the Public Interest Disclosure Act 19983. Protectable Information4. Good Faith5. The Three Tiers of Protection6. Who is Protected under PIDA?7. The Right not to Suffer Detriment8. Dismissal for Making a Protected Disclosure9. Remedies in Dismissal and Detriment Claims10. Employment Tribunals' Procedure and Alternative Dispute ResolutionPART II: PROTECTING WHISTLEBLOWERS - OUTSIDE PIDA11. Private Information and Public Interest Disclosure12. Protection of the Identity of Informants13. Whistleblowing and Copyright14. DefamationPART III: THE OBLIGATION TO BLOW THE WHISTLE15. Obligations to Blow the WhistlePART IV: RULES, POLICIES, PROCEDURES, AND PROBLEMS16. Whistleblowing Procedures in the Public and Private SectorsAPPENDICESAppendix 1: Relevant Statutory InstrumentsAppendix 2: Case StudyAppendix 3: Appellate Whistleblowing CasesAppendix 4: Employment Tribunal Whistleblowing CasesAppendix 5: PrecedentsAppendix 6: Useful Addresses