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 Issues covered: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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