Friday, 20 October 2000

Various matters


1. Whistleblowing case
2. Anti-Discrimination Directive
3. Advertisement - CPD service


1. Whistleblowing Case

John Bowers QC of Littleton Chambers has sent me a transcript of an employment tribunal decision relating to an important point of principle in whistleblowing cases.

The tribunal held that the Public Interest (Disclosure) Act 1998 protects employees who make protected disclosures prior to the date the Act came into force. On the facts, the employee made a protected disclosure about four months before the Act came into force. A year later (after the Act had come into force), the employer relocated him to a different department (which was said to be a detriment).

The tribunal held that it had jurisdiction under PIDA 1998 to consider the employee's complaint, despite the protected disclosure occurring prior to the Act coming into force.

Edgar v Meteorological Office, Employment Tribunal (London central) chaired by Mrs JR Hill on 5th October 2000, sent to the parties on 11th October 2000.


2. Anti-Discrimination Directive

Many readers will have read in the news that the EC has now approved the long-awaited Employment Framework Directive. According to press reports, it requires all member states (including the UK) to introduce legislation:

• prohibiting discrimination against workers on grounds of religion and sexual orientation by 2003; and,

• prohibiting discrimination against workers on grounds of disability and age by 2006. Note that although the Disability Discrimination Act 1995 may comply with the requirements of the Directive, rumour has it that there is no 'small employer' exemption within the Directive - thus the DDA will have to be amended to apply to all employers, not just those with over 15 employees.

I have not yet seen a copy of the Directive. Once I have a copy, it will be made available via this mailing list.


3. Advertisement


The current session of the Employment Law (UK) mail list CPD Scheme closes on 1st November 2000, when the answers to this quarter's questions will be published.

It is now possible to obtain CPD hours for receiving these bulletins.

How does the Scheme work?

By answering multiple choice questions based on the employment law bulletins sent out in the previous 3 months, you can obtain 2 CPD hours each quarter.

The questions (and an archive of the last 3 months' bulletins) are available at

The number of CPD hours awarded depends on the number of correct answers to the multiple choice questions, as follows:
5 or more correct (out of 12) - 1 CPD hour
7 or more correct (out of 12) - 1.5 CPD hours
9 or more correct (out of 12) - 2 CPDhours

How much does it cost?

There is no charge for attempting the questions.

Your score (and number of CPD hours to which that entitles you) will be sent to you by Email. You may then, if you wish, purchase the CPD hours for a fixed fee of £100+VAT.

How do I answer the questions?

The questions, and an answer form, are available online at . All the answers can be found in the Employment Law (UK) bulletins as sent over the last few months. If you have not retained them(!), copies can be found on .

For those who do not have access to the internet, a list of the questions will be distributed by Email next week.

The answers will be published on 1st November 2000. New sets of questions, based on the preceding 3 months' bulletins and entitling you to obtain yet more CPD hours, will be produced every quarter. and the CPD assessment scheme are adminstered by Employment Law Services Limited. Employment Law Services Limited is accredited by the Law Society as an authorised provider of CPD courses.

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