Tag archives: whistleblowing

Whistleblowing – what amounts to the public interest?

A recent Court of Appeal decision has confirmed that a disclosure which is in the private interest of the worker can still be considered to be in the ‘public interest’ and therefore fall within the whistleblower protection included in the Public Interest Disclosure Act 1998. However, it did confirm that any decision will depend on … Continue reading

New protection of French whistleblowers under the Sapin II Law

Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

What are the latest developments on whistleblowing in the workplace?

The legislation relating to whistleblowing in the workplace can involve claims for labor harassment, crimes in the work place, corruption, non – fulfilment of regulations relating to outsourcing, hiring of foreign employees, the Health Committee responsible for supervising health and safety matters, amongst others.   Article 23 of the National Constitution, Article 24 of the … Continue reading

New whistleblowing rules for regulated entities in the UK

In October 2015 the UK regulators, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA), released new whistleblowing rules for certain regulated entities in the UK (the New Rules). The New Rules impose obligations on these entities in addition to the requirements of existing whistleblowing legislation found in the Public Interest Disclosure Act … Continue reading

“What are the latest developments on whistleblowing in the workplace in Germany?”

Apart from the well-known Wiki-leaks, recent prominent cases of whistleblowing such as Lux-leaks, the Panama Papers or the case of the German geriatric nurse Brigitte Heinisch, who was dismissed after revealing the ill-treatment of elderly people in a Berlin retirement home, continue to highlight the continued relevance of the topic “whistleblowing”. While this has resulted … Continue reading

Retaliation and whistleblower claims in healthcare expected to remain high

The number of retaliation and whistleblower claims in the US continue to rise. According to data released by the Equal Employment Opportunity Commission (EEOC), retaliation claims made up 44.5 percent of all charges filed in 2015.  Also, the Occupational Safety and Health Administration (OSHA) reported a 6 percent increase in the number of whistleblower cases … Continue reading

2016 Defend Trade Secrets Act creates federal cause of action for theft of trade secrets

(and don’t forget to update your handbooks or employment agreements) Congress passes Defend Trade Secrets Act of 2016 Yesterday, Congress broke new ground in federal law, passing the Defend Trade Secrets Act of 2016. Once it receives the expected signature from the President, the DTSA will create a federal private cause of action for misappropriation … Continue reading

Sexual harassment in Toronto’s restaurants

Recently, allegations of sexual harassment in the kitchen of a trendy Toronto restaurant have ignited a dialogue about workplace harassment. While this doesn’t excuse it, industry veterans aren’t surprised by the complaint, saying that many of Canada’s restaurants have a workplace culture that is overwhelming male, close-knit, and full of sexualized banter. The employee at … Continue reading

The Small Business, Enterprise and Employment Act 2015 – new employment legislation in the UK

The Small Business, Enterprise and Employment Act 2015 (the SBEEA) received Royal Assent in the UK on 26 March 2015, although most of the employment provisions contained in Part 11 require a commencement order to bring them into force. It is therefore not certain when many of the provisions listed below will have effect. The exception … Continue reading

Does an employee working in Australia for a British company have the protection of UK employment rights?

This post was contributed by Jonathan Iyer, Trainee, Norton Rose Fulbright LLP (London)  Employees in Great Britain have rights under the Employment Rights Act 1996 not to be unfairly dismissed and not to suffer any detriment for whistleblowing. Can an employee based in Australia working for a British company under a remote working arrangement still seek … Continue reading

Whistleblowing – what protection do employees have in Hong Kong?

Notwithstanding the growing global trend in the adoption of express whistleblowing laws (e.g. the US, the UK and Japan), the Hong Kong government has not yet shown any sign of following suit.  So, what protection do employees have if they “blow their whistles” on wrongdoers in their workplace?  Whistleblowing protection under statue/common law There is … Continue reading

Obamacare: does it hide a potent whistleblower pill?

The Affordable Care Act (ACA)—or “Obamacare”—has gotten plenty of attention due to technical glitches with the HealthCare.gov website, consumers’ difficulties obtaining (or keeping) insurance through the exchanges, and Health Secretary Sibelius’s recent resignation. But some notable provisions of the ACA have gone largely unremarked—particularly an amendment to Title 29 of the U.S. Code. Added by … Continue reading

Limited Liability Partnerships members’status as workers

This post was co-written by Lesley Harrold,  Senior Knowledge Lawyer (Pensions), Norton Rose Fulbright LLP (London) Employment Status Since its introduction in 2000 the limited liability partnership (“LLP”) has become a popular corporate vehicle for professional services providers in the UK, especially legal and accountancy firms, many of which have converted from traditional partnerships to … Continue reading

Whistleblower protection in the Netherlands: House for Whistleblowers

Introduction The legislative proposal known as ‘House for Whistleblowers’ is pending in the Netherlands. The proposal introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The situation under current Dutch law and under the … Continue reading

Top 30 whistleblowing statutes – from Ralph Nader to Edward Snowden

In the 1970s, a particular brand of cigarettes geared towards women used the tag line “you’ve have come a long way baby,” and today, the same could be said for the term “whistleblower.” In the early to mid-20th century, individuals who reported illegal activity were often referred to in pejorative terms such as “rats” and … Continue reading

Whistleblowing – What protection do Québec employees have?

Employees owe a duty of loyalty towards their employer. This well-known principle of labour and employment law is particularly set out in statutory law, namely in Section 2088 of the Civil Code of Québec which prohibits any act which may impair or infringe upon the legitimate interests of the employer. An exception to this principle exists … Continue reading

Whistleblowing: what protections do employees have?

French employment law does not provide for a comprehensive and consistent set of rules for the purpose of protecting whistleblowers. Instead, French employment law tackles issues arising out of whistleblowing situations through a relatively meagre set of legislative provisions resulting principally from recent awareness on the subject. Specific regulations: limited protection Under currently applicable legislation … Continue reading

Whistleblowing – what protection do employees have in Venezuela?

There is no legal protection for whistleblowers in Venezuela and it is not common in practice. However, many transnational and local companies in Venezuela have policies and code of conducts protecting those who step up and expose Corruption, fraud, mismanagement, breaches of legal obligations. Some of these companies have hot lines through which employees are … Continue reading

Whistleblowing – what protection do employees have in Germany?

Although we saw a legislative initiative to introduce a whistleblowing act in 2011 and despite numerous revelations in the food sector and the NSA scandal in 2013, there is still no general law on the protection of whistleblowers in Germany. Few explicit statutory whistleblowing rights and duties Whistleblowing is lawful where statutory provisions give an … Continue reading

Whistleblowing – what protection do employees have in the UK?

This post was co-written by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London) Due to recent scandals in the UK around insider dealing, interest rate fixing, blacklisting and cartels, the subject of “whistleblowing” has become a hot topic, with organisations becoming increasingly concerned about malpractice and the legal and reputational consequences of its discovery. Set … Continue reading

Gagging orders in the NHS and whistleblowers

This post was contributed by Amanda Sanders The UK Government Health Secretary, Jeremy Hunt, announced in the press in March that gagging orders which prevent whistleblowers in the National Health Service (NHS) from raising concerns about patient safety are to be banned.  Employees who leave their NHS posts will be given a new legal right … Continue reading
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