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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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