Thursday, 28 February 2013

Whistleblowing - House of Lords Debate

The Enterprise and Regulatory Reform Bill has begun the report stage in the House of Lords this week.
One of the amendments proposed during the debate is the extension of whistleblowing protection to jobseekers (by extending the definition of 'workers' to include job applicants).  This will prevent blacklisting jobseekers who have made protected disclosures against previous employers, and brings the whistleblowing legislation into line with the Equality Act 2010.
Other changes in whistleblowing law being debated include:-

  • introducing a requirement that the disclosure must, in the worker's reasonable belief, be in the public interest

  • removing the 'good faith' requirement for a disclosure to qualify as protected, but reducing compensation by up to 25% where a disclosure was not in good faith

  • making employers vicariously liable for detriments by fellow workers, subject to the normal statutory defence
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