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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Whistleblowing: Law and Practice 2nd ed isbn 9780199692835

Whistleblowing: Law and Practice

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ISBN13: 9780199299584
New Edition ISBN: 9780199692835
Published: February 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This book provides a detailed and authoritative survey of the law relating to public interest disclosure or Whistleblowing.

Six years on from the coming into force of the Public Disclosure Act 1998 (PIDA), the book looks at how the new system has developed, and provides up to date practical guidance on the key issues that arise in practice. It considers the legal framework in the area, both under PIDA and the disparate other sources of law that can apply, and provides in-depth commentary on case law and other developments since the Act came into force.

These include the broadening of the scope of the obligation to blow the whistle; the Government's increased promotion of protection for whistleblowers that have occurred in the wake of scandals such as Enron; health and safety issues surrounding the railways; and the Shipman Inquiry.

The book is divided into four parts: protection for whistleblowers under PIDA; protection for whistleblowers outside PIDA; the obligation to blow the whistle; and rules, policies, procedures, and problems in particular sectors (notably the Health Service, Police, Corporate Governance, NHS and Medicine, Civil service, Local Authorities, and Financial Services).

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.

Written by an author team with substantial experience in the area, and making extensive use of forms, precedents, checklists, and worked examples, the 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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Subjects:
Employment Law
Contents:
1. Introduction;
1. Protection for Whistleblowers: The Public Interest Disclosure Act 1998
2. Structure of PIDA
3. Qualifying disclosures under PIDA
4. Internal disclosure under PIDA
5. "External" disclosure under PIDA
6. The scope and mechanics of protection under PIDA and litigation under the Act
2. Protection for Whistleblowers under PIDA;
7. Protection for Whistleblowers outside PIDA under statute and otherwise
8. Informants
9. Whistleblowing and copyright
10. Whistleblowing and defamation
3. The obligation to blow the whistle;
11. Contractual and fiduciary duties of employees
12. Statutory obligations: regulatory and criminal law
4. Whistleblowing rules, policies, procedures and problems in particular sectors
13. Particular Sectors
14. Whistleblowing procedures in the public and private sectors: why they are needed and what they should contain