header-logo header-logo

Whistleblowing protection

23 September 2016 / Peter Breakey
Issue: 7715 / Categories: Features , Employment
printer mail-detail
nlj_7715_breakey

Peter Breakey heralds a small but welcome extension to the scope of protection for whistleblowers

  • A claimant’s status as a worker vis à vis an agency they are employed under is irrelevant to a claim against a trust that the worker provides services for.

The rules designed to protect whistleblowers have repeatedly proved to be inadequate. A recent decision in the Employment Appeal Tribunal (EAT), which will apply to many NHS agency workers, provides a small but welcome extension of their scope. In McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15/JOJ, Ms McTigue (the claimant) was a nurse employed by an agency (the agency) which provided services to the University Hospitals Bristol NHS Foundation Trust (the trust). From 2011, she had been working with victims of sexual assaults. In 2013 she was removed from this work. She argued that her removal from this work was a detriment which she had suffered as a result of a protected disclosure she had made to the trust. It was therefore a breach of her right under

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll