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Whistleblowing: Law and Practice

Autor Jeremy Lewis, John Bowers QC, Martin Fodder, Jack Mitchell
en Limba Engleză Hardback – 27 apr 2017
First cumulative supplement to the 3rd Edition now available: http://bit.ly/2t1OxGO This book provides a detailed survey of the law relating to public interest disclosure. It examines how the system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes.Since the publication of the second edition, there have been many developments in the area, including substantial procedural amendments for Employment Tribunals, major legislative changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA) (the first major legislative change since the Public Interest Disclosure Act 1998), and the introduction of The Public Interest Disclosure (Prescribed Persons) Order 2014 SI 2014/2148 which now lists over 60 prescribed persons to whom a disclosure may be made.Written by an author team with extensive experience in the area, and making use of checklists and worked examples, this 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.
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Specificații

ISBN-13: 9780198788034
ISBN-10: 0198788037
Pagini: 826
Dimensiuni: 188 x 249 x 51 mm
Greutate: 1.55 kg
Ediția:3rd edition
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

The third edition offers a comprehensive analysis of the law relating to whilstleblowing, make it an essential reference book for all those working in this field.
Thorough, erudite, readable and resource-rich, this definitive work on the subject of whistleblowing should be regarded as an essential purchase for human rights lawyers and for that matter, all lawyers interested in this evolving area of the law.

Notă biografică

Jeremy Lewis is a Barrister at Littleton Chambers, specializing in employment law and business protection, and is a part time Employment Judge in the South East region.John Bowers QC is the Principal of Brasenose College, Oxford, a leading barrister, and former co-head of Littleton Chambers. He specializes in employment law, discrimination, pensions, and judicial review. He is a Deputy High Court Judge, a frequent lecturer on employment law, and a former Chair of the Employment Law Bar Association.Martin Fodder is a Barrister at Littleton Chambers, specializing in employment law. He has extensive experience of heavyweight whistleblowing cases in both the public and private sectors.Jack Mitchell is a Barrister at Old Square Chambers, specializing exclusively in employment law.

Cuprins

  • 1: Introduction
  • 2: Overview of the Protected Disclosure Provisions and Related Protections
  • 3: Interpretation and the European Convention of Human Rights
  • 4: Qualifying Disclosure of Information
  • 5: The Public Interest Test
  • 6: The Three Tiers of Protection
  • 7: Who is Protected Under PIDA?
  • 8: Workers Whose Employment is not Confined to England and Wales
  • 9: The Right Not to Suffer Detriment
  • 10: Vicarious and Individual Liability
  • 11: Unfair Dismissal for Making a Protected Disclosure
  • 12: Remedies in Dismissal and Detriement Claims
  • 13: Employment Tribunal Procedure and Alternative Dispute Resolution
  • 14: Privilege and Immunity
  • 15: Protection of Workers Beyond the Statutory Scheme
  • 16: Obligations to Blow the Whistle
  • 17: Obligations to Maintain Confidentiality, Rights to Privacy, and Whistleblowing
  • 18: Protection of the Identity of Informants
  • 19: Whistleblowing and Copyright
  • 20: Defamation
  • 21: Whistleblowing in the Health and Financial Services Sectors
  • 22: Whistleblowing Procedures in the Public and Private Sectors
  • Appendix 1: Case Study
  • Appendix 2: Detriment Cases
  • Appendix 3: Precedents