Table of Cases |
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xix | |
Table of Legislation |
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xli | |
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1 | (16) |
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B The Public Interest Disclosure Act 1998 |
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C Moving forward the consensus |
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D Public awareness and perception |
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E The Shipman Inquiry Report and Reform |
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G Whistleblowing in the NHS |
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J International perspective |
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Part I: Protecting Whistleblowers-The Public Interest Disclosure Act 1998 |
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2 Structure of the Public Interest Disclosure Act 1998 |
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17 | (8) |
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B The scheme of the legislation |
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C Some initial observations |
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D Policy considerations and 'responsible whistleblowing' |
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3 Protectable Information |
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25 | (46) |
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A Overview of Employment Rights Act 1996, section 43B |
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B Disclosure of information |
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F Legal professional privilege |
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4 The Public Interest Test |
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71 | (30) |
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A Evolution of the Public Interest Test |
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B Chesterton Global v Nurmohamed |
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C Analysis and implications of the decision in Chesterton |
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D Reasonable belief and need for fact-sensitive assessment |
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E Is the public interest test material to relevant failures other than non-compliance with a legal obligation? |
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F Is the worker's motive relevant? |
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G Are the circumstances of the disclosure relevant to whether it is made in the public interest? |
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5 The Three Tiers of Protection |
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101 | (40) |
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B First tier disclosures: section 43C |
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C First tier disclosures: section 43D |
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D First tier disclosures: section 43E: Ministers of the Crown and government-appointed bodies |
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E Regulatory disclosures: section 43F |
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F Wider disclosures under section 43G |
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G Wider disclosures of exceptionally serious matters: section 43H |
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6 Who is Protected under PIDA? |
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141 | (52) |
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C Workers under section 230(3)(b) ERA |
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D Workers under the extended definition in section 43K ERA |
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E Police officers and the problem of judicial immunity |
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G Partners and members of limited liability partnerships |
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H Non-executive directors |
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I Limits of the definition of 'worker' and power to extend coverage |
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J Workers whose employment is not confined to England and Wales |
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7 The Right Not to Suffer Detriment |
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193 | (74) |
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A ERA, section 47B: overview |
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B Deployment of the pre-existing models of protection |
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D 'Act or deliberate failure to act' |
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E Subjection by the employer |
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G Time limits for claims of victimization |
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8 Vicarious and Individual liability |
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267 | (24) |
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A The pre-amendment position |
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B The amended section 47B ERA |
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C Liability of and for workers |
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D Liability of and for agents |
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E Remedies against individual employees or agents |
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F Attribution and constructive dismissal |
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9 Dismissal for Making a Protected Disclosure |
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291 | (25) |
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A Comparison with the pre-PIDA position |
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B The relationship between a dismissal of an employee for making a protected disclosure and an 'ordinary' unfair dismissal |
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C The boundary line between dismissal and detriment |
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D Identifying the principal reason in dismissal cases |
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F Selection for redundancy |
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G Unofficial industrial action |
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I Unfair dismissal protection for non-protected disclosures |
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10 Remedies in Dismissal and Detriment Claims |
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316 | (44) |
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B Unfair dismissal remedies |
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11 Employment Tribunal Procedure and Alternative Dispute Resolution |
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360 | (25) |
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F The power to sit in private |
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G Striking out, deposit orders, and submissions of no case to answer |
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I Sending a claim to the regulator |
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J Alternative dispute resolution |
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12 Whistleblowing in the Health and Financial Services Sectors |
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385 | (38) |
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Part II: The Obligation To Blow The Whistle |
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13 Obligations to Blow the Whistle |
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423 | (34) |
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B Implied reporting obligations under the contract of employment |
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C Directors and employees who owe fiduciary obligations |
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F Statutory and regulatory obligations to disclose information |
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G The health sector and the 'duty of candour' |
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H Clarification by a whistleblowing policy |
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Part III: Whistleblowing Outside PIDA |
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14 Obligations in Respect of Confidential or Private Information and Public Interest Disclosure |
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457 | (44) |
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B Obligations of confidentiality/privacy |
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C The public interest defence of 'just cause and excuse' as a defence to actions for breach of duty in respect of confidences and private information |
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D Agreements rendered void |
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15 Protection of the Identity of Informants |
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501 | (15) |
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B Anonymity of informants and the fairness of disciplinary and dismissal procedures |
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C Forcing disclosure of the identity of informants |
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16 Whistleblowing and Copyright (Contributed by Richard Price OBE and Jeremy Lewis) |
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516 | (14) |
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B Defence of fair dealing |
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C Public interest defence |
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D Interrelation of copyright protection and PIDA |
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17 Defamation (contributed by Isabel Martorell, formerly a Partner at Carter-Ruck, now Senior Litigation Management Lawyer at Macfarlanes) |
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530 | (15) |
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D Publication on a matter of public interest |
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E The Public Interest Disclosure Act 1998 |
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18 The European Convention on Human Rights and Public Interest Disclosures by Workers |
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545 | (28) |
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C Council of Europe Recommendation |
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D The recent ECtHR case law |
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E Positive obligations to secure Article 10 rights |
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F Conclusion on the ECtHR authorities and implications |
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Part IV: Rules, Policies, Procedures, And Problems |
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19 Whistleblowing Procedures in the Public and Private Sectors: Why They are Needed and What They Should Contain |
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573 | (38) |
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Appendices |
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611 | (150) |
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613 | (11) |
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Appendix 2: Appellate Whistleblowing Cases |
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624 | (122) |
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746 | (15) |
Index |
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761 | |