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Since the publication of the first edition, there have been substantial developments in the area, including those regarding whether a disclosure tends to show a Public Interest Disclosure, the burden of proof, remedies, and alternative dispute resolution. This new edition also covers the employment tribunals' new powers to pass PIDA claims to the appropriate regulator, where the claimant consents, and provides extensive coverage of a number of important decisions emerging from the Court of Appeal and the Employment Appeal Tribunal, including Babula v Waltham Forest College, Ezsias v North Glamorgan NHS Trust and Fecitt and others v NHS Manchester.
Written by an author team with extensive experience in the area, and making use of checklists and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.
PART I: PROTECTING WHISTLEBLOWERS - THE PUBLIC INTEREST DISCLOSURE ACT 1998
2. Structure of the Public Interest Disclosure Act 1998
3. Protectable Information
4. Good Faith
5. The Three Tiers of Protection
6. Who is Protected under PIDA?
7. The Right not to Suffer Detriment
8. Dismissal for Making a Protected Disclosure
9. Remedies in Dismissal and Detriment Claims
10. Employment Tribunals' Procedure and Alternative Dispute Resolution
PART II: PROTECTING WHISTLEBLOWERS - OUTSIDE PIDA
11. Private Information and Public Interest Disclosure
12. Protection of the Identity of Informants
13. Whistleblowing and Copyright
PART III: THE OBLIGATION TO BLOW THE WHISTLE
15. Obligations to Blow the Whistle
PART IV: RULES, POLICIES, PROCEDURES, AND PROBLEMS
16. Whistleblowing Procedures in the Public and Private Sectors
Appendix 1: Relevant Statutory Instruments Appendix 2: Case Study Appendix 3: Appellate Whistleblowing Cases Appendix 4: Employment Tribunal Whistleblowing Cases Appendix 5: Precedents Appendix 6: Useful Addresses