Can HR challenge the individual’s assertion that it is a whistleblowing complaint at the point the complaint is made or can the complaint be dismissed where we think the complainant is acting in bad faith or may even be lying?
Posted in : First Tuesday Q&A NI on 3 April 2018
Chris Fullerton
Arthur Cox
A whistle-blowing complaint is essentially a disclosure about an employer’s malpractice or any type of wrong-doing that the employee believes is genuinely in the public interest. The following types of malpractice are covered:
- criminal offences;
- failure to comply with a legal obligation;
- miscarriages of justice;
- threats to people's health and safety; and
- damage to the environment.
New legislation on whistle-blowing, the Employment Act (Northern Ireland) 2016, (Commencement Number One) Order (Northern Ireland) 2017 (‘2016 Act’), came into force in October 2017 and has broadened the law in this area. Under the 2016 Act, public interest is likely to be interpreted widely which means unless
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Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton