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12 April 2013 / Charles Pigott
Issue: 7555 / Categories: Features , Employment
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Plugging the leaks

Charles Pigott tracks the government’s moves to close whistleblowing “loopholes”

The Enterprise and Regulatory Reform Bill will make significant changes to the protection for workers who blow the whistle. Originally planned for this month, these are now likely to be implemented in the summer, once the Bill receives royal assent.

Addressing Parkins v Sodhexo

Back in 2011, when announcing the coalition’s plans on the employment law front, Vince Cable said: “Finally, we want to close a loophole in the Public Interest Disclosure Act relating to whistleblowing. It has become apparent through case law that employees are able to blow the whistle about breaches to their own personal work contract. This is not what the legislation is designed to achieve and we are going to stop this in future.”

In order to qualify for protection a disclosure must fall within one of six categories set out in s 43B(1) of the Employment Rights Act 1996 (ERA 1996). Cable was referring to the second category, which applies when the information disclosed tends to show “that a person has failed, is failing, or is likely to fail

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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