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Categories:
Employment Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Changes to the whistleblowing provisions come at a time when searching questions are being asked as to the effectiveness of whistleblowing protection. This two-part CPDcast series aims to outline some of the key changes in this area of the law following Royal Assent of the Enterprise and Regulatory Reform Act 2013. Part One explores the scope and purpose of the whistleblowing legislation more generally; it outlines the new public interest test dealing with the protection of disclosures and sets out the way in which this test is likely to apply in practice. Part Two examines the new provision concerning vicarious liability of employers for whistleblowing victimisation by employees and agents and considers changes in relation to gagging clauses contained in compromise agreements.

Outcomes:
After completing the course you will:
  • Understand when a disclosure will qualify for protection under the Enterprise and Regulatory Reform Act 2013;
  • Have considered the duty of candour recommended by the Francis Report;
  • Have considered the new public interest test in whistleblowing cases;
  • Be aware of how the public interest test is likely to be applied in practice;
  • Have an understanding of how the good faith requirement in the whistleblowing legislation has changed;
  • Know the scope and purpose of ‘gagging clauses’.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • BP v Elstone [2010] IRLR 558;
  • Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325;
  • Clark v Clark Construction Initiatives Ltd [2008] ICR 635;
  • Enterprise and Regulatory Reform Act 2013;
  • Jones v Tower Boot Co Ltd [1997] IRLR 168;
  • Korashi v Abertawe Bro Morgannwig University Local Health Board (EAT/0424/09, 12 September 2011);
  • NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190;
  • Onyango v Berkeley (t/a Berkeley Solicitors) (25 January 2013) [2013] UKEAT 0407_12_2501;
  • Parkins v Sodexho Ltd [2002] IRLR 109;
  • RBG Resources Plc(in liquidation) v Rastogi & Ors[2002] EWHC 2782;
  • Relaxion Group Plc v Rhys-Harper & Ors (2003) 4 All ER 1113;
  • Street v Derbyshire [2004] 4 All ER 839;
  • Woodward v Abbey National Plc [2006] EWCA Civ 822.

In this two-part CPDcast series Martin Fodder and Jeremy Lewis from Littleton Chambers explore some of the changes made to the whistleblowing legislation following Royal Assent of the Enterprise and Regulatory Reform Act 2013.

Date Recorded: 29th April 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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