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Whistleblowing

Law and Practice

Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 27th Apr 2017
Dimensions: w 188mm h 249mm d 51mm
Weight: 1552g
ISBN-10: 0198788037
ISBN-13: 9780198788034
Barcode No: 9780198788034
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Synopsis
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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What Reviewers Are Saying

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Jun 12th 2017, 19:03
THE DEFINITIVE WORK IN THIS EVOLVING AREA OF LAW – NOW IN A NEW EDITION
Awesome - 10 out of 10
THE DEFINITIVE WORK IN THIS EVOLVING AREA OF LAW – NOW IN A NEW EDITION

An appreciation Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of “The Barrister”

Pity the plight of the poor whistleblower. In the not too distant past, it was positively hazardous for the well-meaning employee who spotted irregularities or wrongdoing in say, a large organisation, to ‘blow the whistle.’ which in most cases, required vast reserves of courage and conviction.

So, if one could point a tentative finger at one area of law which is most likely to capture the attention -- and fire the imagination -- of the general public, whistleblowing would likely be it. There’s little doubt then, that practitioners and just about everybody else interested in this subject will welcome the latest edition of this long-established legal text on the subject, obligingly provided by the Oxford University Press.

It’s the third edition since the first one came out some ten years ago and as always, it retains its simple one-word title that’s just as likely to capture the interest of the general reader as it has proved indispensable to the seasoned lawyer.

‘We…pay tribute,’ say the four authors, ‘to the brave people who come forward to blow the whistle in the public interest.’ In so saying, they stress that the heart of the legislation protecting whistleblowing is to encourage ‘responsible whistleblowing’, when it is deserved that is -- and when it is indeed in the public interest.

They point out that the principal drivers for the publication of this new edition are those themes which emanate from the amendments effected by the Enterprise and Regulatory Reform Act 2013 which aims toward protecting those who blow the whistle in the public interest, as opposed to those whose disclosures relate to purely personal concerns.

The core legislation in this field, however, is the Public Interest Disclosure Act 1998, which the book examines in detail. Writing in the foreword, Sir Maurice Kay, former vice president of the Court of Appeal, reminds us ‘that legislation should provide specific protection for whistle blowers is no longer controversial.’ For those concerned with corporate responsibility and good governance, this is good news.

As you would expect, this new edition contains important new material, including detailed and extensive commentary on the 2013 legislation, as well as developments specific to the health and financial services discussed in the book’s Chapter 12.

Oh yes, and there’s a chapter on the European Court of Human Rights jurisprudence on whistleblowing in the workplace. Will this be scrapped after Brexit? One is inclined to hope not.

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.

The publication date is cited as at 2017.
Newspapers & Magazines
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. * Anthony Korn, Employment Lawyers Association Briefing. * 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. * Richard Taylor MBE and Elizabeth Taylor, The Barrister *