First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

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 03/04/2018 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; miscarria...
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Unfair Dismissal Whistleblowing (Protected Disclosures)

I heard about a Northern Ireland whistleblowing case recently where the claimant's case failed because it was not made in good faith. I thought that requirement no longer applied in the UK or Northern Ireland? What is the situation in Northern Ireland? Must a whistle-blower make allegations in good faith or might they be motivated by greed etc?

Posted in: First Tuesday Q&A NI on 06/10/2015 Whistleblowing in the UK is governed by the Public Interest Disclosure Act 1998 (the "PIDA"). In 2013, the UK amended the PIDA by abolishing the requirement that disclosures made under the PIDA must be made in "good faith". This amendment was sparked by a history of legal and practical difficulties...
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Whistleblowing (Protected Disclosures)

How and when can an employee be protected for the purposes of whistleblowing?

Posted in: First Tuesday Q&A NI on 06/05/2014 An employee cannot be legally dismissed for whistleblowing if they make a 'qualifying disclosure’. The Public Interest Disclosure (NI) Order 1998 introduced a policy to provide strong protection from dismissal or other sanctions for workers who report wrongdoings that they believe in good faith to ...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)

Should Whistleblowing be added as a new policy to employee handbooks or as an addition to, for example, our Data Protection policy?

Posted in: First Tuesday Q&A NI on 05/02/2013 The whistleblowing legislation imposes no positive obligations on employers to encourage whistleblowing or to implement a whistleblowing policy. It merely requires them to refrain from dismissing workers because they have made a "protected disclosure" or subjecting them to any other detriment becau...