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Update | Employment: whistleblowing, early conciliation and fees for bringing claims and transfers of undertakings

Stephen Levinson considers changes to whistleblowing, early conciliation and fees for bringing claims and transfers of undertakings

7 June 2013

The most abused word in the lexicon of government-speak is 'reform'. It appears to be an article of faith that every legal change made by every administration deserves this description. The implication is that everything done is an improvement when experience teaches us this is often not so, as we will see below.

The law on whistleblowing is to change on 25 June courtesy of the Enterprise and Regulatory Reform Act 2013. One of the most remarkable decisions is to remove the requirement that a protected disclosure should be made in good faith. According to current case law a claimant may not have had a predominant ulterior motive for making the disclosure. Now after 25 June a malicious, spiteful or nearly blackmailing disclosure will not disallow the claim, however wicked the motivation, but merely affect the amount of compensation awarded. The only limitation will be that it remains the case that a disclosure amounting to a criminal offence will not qualify for protec...

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