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Whistleblowing and employment law changes

10th July 2013

Legislation regarding whistleblowing was variously amended and employment solicitors urged employers to familiarise themselves with the changes and to review their employment contract provisions for such scenarios.

Among the major changes to whistleblowing legislation included the inclusion of a “public interest” test to determine qualification of disclosures, the “good faith” requirement for protected disclosures was removed and, where whistleblowers are victimised by colleagues, their employer can be held vicariously liable.

However, it is important to remember that, whether working in the fields of healthcare, finance or law, etc., a whistleblower who reports a criminal offence, miscarriage of justice, breach of legal obligation, health and safety breach, or environmental damage, will still be protected under the law, but they will now have to reasonably believe that what they are revealing is “in the public interest”.

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