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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.