Podcast Location:
Download it here [file size: 25.1 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment laws, particularly those interested in victimisation and whistle-blowing claims. It explores three central issues to making out a successful whistle-blowing claim namely the concept of a ‘qualifying disclosure’, whether such a disclosure is made in ‘good faith’ and how the law links the whistle-blowing with any detriment suffered by the employee.

Outcomes:
After completing the course you will:
  • Understand what a ‘qualifying disclosure’ is;
  • Understand what a ‘protected disclosure’ is;
  • Understand what it means to make a ‘disclosure of information’;
  • Be aware of the dangers in demonstrating facts giving rise to a qualifying disclosure by breaking the law;
  • Understand to what extent are ‘information’ and ‘allegations’ are conceptually distinct and whether they should be;
  • Understand to what extent the information disclosed has to be new or carry with it some degree of ‘revelation’;
  • Understand the distinction between an opinion and an allegation and a ‘disclosure of information’;
  • Understand what is meant by ‘good faith’ in a disclosure and to what extent the motive of the whistleblower is important to the protection afforded to the disclosure;
  • Know the circumstances in which a disclosure, purporting to be a protected disclosure, be made in ‘bad faith’;
  • Understand the appropriate test to link a disclosure with any detriment or dismissal;
  • Know which party bears the burden of proving the grounds for the detriment.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Employment Rights Act 1996 s43A, 43B;
  • Public Interest Disclosure Act 1998 s3;
  • Cavendish Munro v Geduld [2010] IRLR 38;
  • Goode v Marks and Spencer Plc (UKEAT/0442/09);
  • Bolton School v Evans [2007] IRLR 140;
  • Cavendish Munro Professional Risks Management Limited v Geduld [2010] IRLR 38;
  • Street v Derbyshire Unemployed Workers’ Centre [2004] IRLR 687;
  • Ray v Fish Brothers (Swindon) Ltd (ET Case No: 1400838/08);
  • Smith and ors v Ministry of Defence (Case No: 1401537/04);
  • Jeffrey v London Borough of Merton (ET Case No.2304242/02);
  • Aziz v Muskett and anor (ET Case No.2200560/01);
  • Gulwell v Consignia plc (ET Case Nos. 1602588/00);
  • Rowe v Halsall t/a Malvern Nursing Home (ET Case No: 1804892/05);
  • Clark v Clark Construction Initiatives Ltd [2008] IRLR 364;
  • Kuzel v Roche Products Ltd [2008] EWCA Civ 380;
  • NHS Manchester v Fecitt & Ors [2011] IRLR 111;
  • Nagarajan In Nagarajan v London Regional Transport [1999] ICR 877;
  • Barton v Investec Henderson Crosthwaite Securities Ltd [2003] ICR 1205;
  • Igen Ltd v Wong [2005] ICR 931;
  • Chief Constable of the West Yorkshire Police v Khan [2001] ICR 1065;
  • Babula v Waltham Forest College [2007] EWCA Civ 174.
Tags:

The focus of this podcast today will be on issues of evidence and proof in whistle-blowing claims, focussing on what is meant by ‘disclosure’ for the purposes of the legislation, what is ‘good faith’ and proving reasons for dismissal or detriment following a protected disclosure.

Podcast added: 08/05/12

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