Latest update published of Whistleblowing: Law and Practice
An update to Whistleblowing: Law and Practice (OUP) 2017, brought up to date to 14 May 2020, has been published here.
Co-authored by Jeremy Lewis, John Bowers QC, Martin Fodder and Old Square’s Jack Mitchell and at nearly 200 pages, it is comprehensive.
Important legislation analysed: including Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, with a detailed comparison of that forthcoming protection with the current law in England and Wales.
Some of the many issues addressed include:
- Is there a new whistleblower tort following Rihan v Ernst & Young Global Ltd and others  EWHC 901 (QB).
- Pre-employment protection considering the ET case of Bilsbrough v Berry Marketing Services Ltd Case No. 1401692/2018, 5th July 2019.
- The rights of those contributing to or being associated to a disclosure following the ET case of Aston and others v Chief Constable of Greater Manchester Police Case No. 2402963/2017, 31st May 2019.
- The aggregation of disclosures, following Elysium Healthcare No.2 Ltd v Ogunlami  UKEAT 0116/18/RN, 12th February 2019; Robinson v His Highness Sheikh Khalid Bin- Saqr Al Qasmi  IRLR 345 (EAT) and Choudhury P in Simpson v Cantor Fitzgerald Europe  ICR 236 (EAT).
- Reasonable belief, with consideration of Bassnett v Nutriculture UK Ltd ET Case No. 2405266/2018, 23rd May 2019 ; Mr N Williams v Michelle Brown AM UKEAT/0044/19/OO, 29th October 2019 ; Simpson v Cantor Fitzgerald Europe  ICR 236 (EAT).
- Knowledge of the recipient following Young v Brit College Ltd Case No. 3201701/2019, 5th August 2019 and The Office for Gas and Electricity Markets v Pytel  ICR 715 (EAT).
- Public interest, building upon Chesterton, examining cases such as ABC & others v Telegraph Media Group Limited  EWCA Civ 2329,  2 All E.R. 684, Parsons v Airplus International Ltd UKEAT/0111/17/JOJ, 13th October 2017 ; Malik v Cenkos Securities Plc UKEAT/0100/17/RN, 17th January 2018 and Ibrahim v HCA International Ltd UKEAT/0105/18/BA, 13th September 2018;  EWCA Civ 2007,  IRLR 224 (CA).
- Section 43G and separability following Jesudason v Alder Hey Children’s NHS Foundation Trust UKEAT/0248/16/LA, 29th June 2018;  EWCA Civ 73.
- Workers following Uber B.V. and others v Aslam and others  IRLR 257 (CA) building upon McTigue and Day, but also the wider implications from Gilham v Ministry of Justice  UKSC 44;  1 WLR 5905 reversing  EWCA Civ 2220,  ICR 827 and the application of Convention Rights more broadly for whistleblower.
- Territorial reach following British Council v Jeffery; Green v SIG Trading Ltd  EWCA Civ 2253,  ICR 929 (CA).
- Claims against co-workers, building upon Oispov including Bamieh v (1) Eulex Kosovo (2) Foreign & Commonwealth Office (3) Mr G Meucci (5) Ms C Fearon (6) Mr J Ratel UKEAT/0268/16/RN, 19th January 2018 and Jeffery v British Council  ICR 929 (CA).
- The implications of an investigation into whistleblower’s concerns following Quarm v Commissioner of Police of The Metropolis UKEAT 0200/18/LA, 22nd May 2019.
- The full analysis of tainted information and manipulation with the reach of Royal Mail Group Ltd v Jhuti  UKSC 55 fully considered, including how tainted information was applied in Chumber v Hestia Healthcare Limited UKEAT/0229/18/LA, 22nd February 2019 (before the Supreme Court’s judgment) and in Cadent Gas Ltd v Singh  IRLR 86 (EAT) and Uddin v London Borough Of Ealing  UKEAT 0165/0165/19/RN (both decided after the Supreme Court).
- Interim relief is brought up to date including consideration of Hancock v Ter-Berg & Anor  UKEAT 0138_19_2507 (25th July 2019) and Sheikh Khalid Bin Saqr Al Qasimi v Robinson  IRLR 345.
- Non-disclosure, and non-disparaging agreements are considered, including the balance between confidentiality and public interest following Saab v Dangate Consulting Ltd and others  PNLR 29, Pharmagona v Taheri and Mohammadi  EWHC 312 (QB) and Pertemps Medical Group Ltd v Ladak  EWHC 163 (QB).
- Remedies following Gibson v (1) Hounslow LBC and (2) Crane Park Primary School UKEAT/0033/18/BA.