Podcast Location:
Download it here [file size: 24.8 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 aims to introduce and flesh out some of the important concepts in whistle blowing. It will address the important steps in making out whether there has been a disclosure, whether that disclosure tends to show a relevant failure and whether the employee has a reasonable belief that the disclosure shows a relevant failure. The podcast also aims to address the important controls placed on this powerful legal mechanism including the requirement of good faith. The podcast also addresses a developing area of controversy between the degree of protection afforded to workers as against employees.

Outcomes:
After completing the course you will:
  • Understand what whistle blowing is;
  • What success looks like when a worker claims to blow the whistle;
  • Understand what counts as a protected disclosure;
  • Understand what counts as a relevant failure;
  • Understand what is meant by good faith and how this component of the test can have an important bearing on the dynamic of the case;
  • Understand the stages to decide whether there has been a disclosure worthy of protection;
  • Understand what is ‘information’ for the purposes of a protected disclosure;
  • Understand where a worker’s state of mind might of itself constitute a disclosure of information;
  • Know when will an employee have a reasonable belief?;
  • Be aware of the causative elements of the test, linking the whistle blowing to a detriment or dismissal for the worker;
  • Understand the developing incongruity in the law between employees and workers in this regard;
  • Be aware of the tension in the analogy drawn between whistle blowing claims and discrimination claims;
  • Understand what provision is available for interim relief.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Sources and References:
  • Employment Rights Act 1996 Part IVA (Protected Disclosure);
  • Public Interest Disclosure Act 1998;
  • Lucas v Chichester Diocesan Housing Association Ltd (UKEAT0713/04/);
  • Parkins v Sodexho Ltd [2001] UKEAT 1239_00_1701;
  • Street v Derbyshire Unemployed Workers Centre [2004] IRLR 687;
  • Bachnak v Emerging Markets Partnership (Europe) Ltd (UKEAT/0288/05);
  • Nagarajan v London Regional Transport [1997] EWCA Civ 2671;
  • Aryeetey v Tuntum Housing Association [2009] (UKEAT 0324_08_0804);
  • Raja v The Secretary of State for Justice [2010] (UKEAT 0364_09_1502);
  • Clark v Clark Construction Initiatives Ltd & Anor [2008] (UKEAT 0225_07_2902);
  • Easwaran v St George’s University of London (EAT/0167/10);
  • Cavendish Munro Professional Risk Management Ltd v Geduld [2010] ICR 325 (EAT);
  • Goode v Marks and Spencer Plc [2010] (EAT/0442/09);
  • Odongv Chubb Security Personnel (EAT/0819/02);
  • Fincham v HM Prison Service - [2003] All ER (D) 211;
  • Darnton v University of Surrey [2003] IRLR 133;
  • Babula v Waltham Forest College [2007] ICR 1045 (CA);
  • Muchesa v Central and Cecil Housing Care Support [2008] (EAT/0443/07);
  • El-Megrisi v Azad University [2009] (EAT/0448/08);
  • Fecitt and others v NHS Manchester (EAT/0150/10);
  • Igen v Wong[2005] IRLR 258 (CA);
  • Nunn v Royal Mail Group Limited (EAT/0530/99);
  • Jones v Tower Boot Co. Limited [1997] ICR 254 (CA);
  • Whitelock&Storr v Khan (EAT/0017/10).
Tags:

This podcast is about whistle-blowing. This is a legal mechanism to give redress to a worker who is dismissed or victimised because they have flagged up a relevant failing by their employer in the course of their duties as a worker. It will address some of the key concepts that go into this complex area of law which have been developed by a myriad of cases which form the basis of the discussion.

Podcast added: 06/12/10

Podcast last reviewed: 2011-10-31

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