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ICAEW Law 10: Criminal law. > 10. Whistleblowing. > Flashcards

10. Whistleblowing. Flashcards

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1
Q

‘…’ is the name commonly given to workers making a disclosure of wrongdoing, usually by their employer.

A

whistleblowing

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2
Q

‘Whistleblowing’ is the name commonly given to … making a disclosure of wrongdoing, usually by their employer.

A

workers

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3
Q

‘Whistleblowing’ is the name commonly given to workers making a disclosure of wrongdoing, usually by their …

A

employer

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4
Q

Whistleblowing legislation creates (protections for / obligations on) whistleblowers.

A

protections for

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5
Q

The main piece of UK whistleblowing legislation is the …

A

Public Interest Disclosure Act (1998)

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6
Q

The Enterprise and Regulatory Reform Act (2013) added to whistleblowing legislation the requirement that the disclusure must be … in order for the whistleblower to be protected.

A

legitimately in the public interest

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7
Q

Whistleblowing applies to (workers / employees).

A

workers

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8
Q

Whistleblowing legislation (does / does not) apply to home workers.

A

does

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9
Q

Whistleblowing legislation (does / does not) apply to agency workers.

A

does

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10
Q

Whistleblowing legislation (does / does not) apply to self employed people.

A

does not

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11
Q

Whistleblowing legislation (does / does not) apply to volunteers.

A

does not

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12
Q

In order for a whistleblower to receive protection, their dislcosure must be Q*, PI, AP.

A

qualifying

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13
Q

In order for a whistleblower to receive protection, their dislcosure must be Q, PI*, AP.

A

in the public interest

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14
Q

In order for a whistleblower to receive protection, their dislcosure must be Q, PI, AP*.

A

made to the appropriate person

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15
Q

Protected/Qualifying Whistleblowing Disclosure:

RB* of CO, LO, MoJ, HaS, ED, C made in PI to AP.

A

reasonable belief

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16
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO*, LO, MoJ, HaS, ED, C made in PI to AP.

A

criminal offence (past, present or future)

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17
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ*, HaS, ED, C made in PI to AP.

A

miscarriage of justice (past, present or future)

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18
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ, HaS*, ED, C made in PI to AP.

A

health or safety of any individual (past, present, or future)

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19
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ, HaS, ED*, C made in PI to AP.

A

environmental damage (past, present or future)

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20
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ, HaS, ED, C* made in PI to AP.

A

concealment (past, present or future)

21
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ, HaS, ED, C made in PI* to AP.

A

public interest

22
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO, MoJ, HaS, ED, C made in PI to AP*.

A

appropriate person

23
Q

Where a disclosure is not made in ‘good faith’ any compensation may be reduced by up to …

A

25%

24
Q

Where a disclosure is not made in ‘…’ any compensation may be reduced by up to 25%.

A

good faith

25
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E*, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

employer

26
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA*, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

legal adviser

27
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC* (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

Minister of the Crown

28
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS*), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

public sector

29
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP* (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

prescribed person

30
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI*), O (GF, RBAST, NPG, RIC and D, DoE, D)

A

serious public interest

31
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O* (GF, RBAST, NPG, RIC and D, DoE, D)

A

others

32
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF*, RBAST, NPG, RIC and D, DoE, D)

A

good faith

33
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST*, NPG, RIC and D, DoE, D)

A

reasonable belief that allegations substantially true

34
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG*, RIC and D, DoE, D)

A

no personal gain

35
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC* and D, DoE, D)

A

reasonable in the circumstances

36
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D*, DoE, D)

A

detriment (reasonable belief of)

37
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE*, D)

A

destruction of evidence

38
Q

Persons to whom disclosures may be protected by whistleblowing legislation:

E, LA, MoC (PS), PP (SPI), O (GF, RBAST, NPG, RIC and D, DoE, D*)

A

done (already informed employer)

39
Q

Any confidentiality agreement made with a worker regarding a potential disclosure protected by whistleblowing legislation is …

A

void

40
Q

Compensation for whistleblowers is …

A

unlimited

41
Q

A … has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.

A

worker

42
Q

A worker has the right not to be subjected to any … by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.

A

detriment

43
Q

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a …

A

protected disclosure

44
Q

An employee who is dismissed shall be regarded as … if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.

A

unfairly dismissed

45
Q

An employee who is dismissed shall be regarded as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a …

A

protected disclosure

46
Q

Protected/Qualifying Whistleblowing Disclosure:

RB of CO, LO*, MoJ, HaS, ED, C made in PI to AP.

A

legal obligation

47
Q

There (is / is not) a minimum length of service required by a worker before whistleblowing protection begins.

A

is not

48
Q

The test of reasonable belief in relation to whistleblowing implies that the whistleblower must have some form of … of the alleged wrongdoing.

A

evidence

49
Q

I cases where a breach is ‘likely to occur’ any potential whistleblower must ensure that they have [O and V]* grounds in order to benefit from protection.

A

objective and verifiable

ICAEW Law 10: Criminal law. (8 decks)

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