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Legal Options for Whistleblowers

Legal Options for Whistleblowers. Presentation by Ciara Fulton, Partner 11 April 2013. Legal Principles . Public Interest Disclosure (Northern Ireland) Order 1998 (ERO(NI) 1996) To qualify for protection a disclosure must: Be a disclosure of information;

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Legal Options for Whistleblowers

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  1. Legal Options for Whistleblowers

    Presentation by Ciara Fulton, Partner 11 April 2013
  2. Legal Principles Public Interest Disclosure (Northern Ireland) Order 1998 (ERO(NI) 1996) To qualify for protection a disclosure must: Be a disclosure of information; Be of a certain kind (qualifying disclosure); Follow the correct disclosure procedure. Worker includes em’ees, agency workers, trainees, those who perform services personally
  3. Disclosure of Information An actual disclosure – not threat of disclosure Disclosure even if person already aware of information Must disclose information – not just allegation “The wards have not been cleaned for 2 weeks. Yesterday sharps were left lying around” – information “you are not complying with Health & Safety requirements” – allegation Cavendish Muro Professional Risk Management Ltd v Geduld
  4. Qualifying Disclosure Disclosure of information which worker reasonably believes shows one or more of the following is either happening, has happened or is likely to happen: Criminal offence Breach of a legal obligation Miscarriage of justice Danger to Health & Safety Damage to environment Deliberately concealing any of the above Parkins v Sodexho Ltd–breach of em’t contract No public interest element Intention to amend in GB (ERB 2012)
  5. Disclosure Procedure Following proper disclosure procedure makes a “qualifying disclosure” a “protected disclosure” Objective – to resolve matter in workplace The further the recipient is from em’r - more conditions Bodies – Em’r or other responsible person Legal adviser Minister of the Crown Person prescribed under legislation Third party
  6. Disclosure Procedure
  7. Protection Protects workers from detriment and dismissal Detriment includes denial of promotion, facilities or training opportunities Compensation – just and equitable No vicarious liability Dismissal – automatically unfair No qualifying period Damages unlimited Interim relief within 7 days 3 month time limit (6 in exceptional circumstances)
  8. Staying within the Law Genuine concerns should be raised internally first Use whistleblowing procedure (or grievance procedure) Ask for the matter to be treated confidentially Give information to Statutory regulator Wider disclosure – more difficult to justify Make disclosure in good faith Malice or personal gain – no protection Disclosure to media only protected in exceptional circs Contact Public Concern at Work 0207 404 6609
  9. Thank you Please note that this presentation does not constitute legal advice. If you require specific legal advice on any particular circumstances please contact Tughans Employment Team Ciara Fulton, Partner, Tughans Solicitors Tel: 02890 553300 Fax: 028 90 242378 Ciara.fulton@tughans.com
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