10. Whistleblowing. Flashcards
‘…’ is the name commonly given to workers making a disclosure of wrongdoing, usually by their employer.
whistleblowing
‘Whistleblowing’ is the name commonly given to … making a disclosure of wrongdoing, usually by their employer.
workers
‘Whistleblowing’ is the name commonly given to workers making a disclosure of wrongdoing, usually by their …
employer
Whistleblowing legislation creates (protections for / obligations on) whistleblowers.
protections for
The main piece of UK whistleblowing legislation is the …
Public Interest Disclosure Act (1998)
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.
legitimately in the public interest
Whistleblowing applies to (workers / employees).
workers
Whistleblowing legislation (does / does not) apply to home workers.
does
Whistleblowing legislation (does / does not) apply to agency workers.
does
Whistleblowing legislation (does / does not) apply to self employed people.
does not
Whistleblowing legislation (does / does not) apply to volunteers.
does not
In order for a whistleblower to receive protection, their dislcosure must be Q*, PI, AP.
qualifying
In order for a whistleblower to receive protection, their dislcosure must be Q, PI*, AP.
in the public interest
In order for a whistleblower to receive protection, their dislcosure must be Q, PI, AP*.
made to the appropriate person
Protected/Qualifying Whistleblowing Disclosure:
RB* of CO, LO, MoJ, HaS, ED, C made in PI to AP.
reasonable belief
Protected/Qualifying Whistleblowing Disclosure:
RB of CO*, LO, MoJ, HaS, ED, C made in PI to AP.
criminal offence (past, present or future)
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ*, HaS, ED, C made in PI to AP.
miscarriage of justice (past, present or future)
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ, HaS*, ED, C made in PI to AP.
health or safety of any individual (past, present, or future)
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ, HaS, ED*, C made in PI to AP.
environmental damage (past, present or future)
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ, HaS, ED, C* made in PI to AP.
concealment (past, present or future)
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ, HaS, ED, C made in PI* to AP.
public interest
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO, MoJ, HaS, ED, C made in PI to AP*.
appropriate person
Where a disclosure is not made in ‘good faith’ any compensation may be reduced by up to …
25%
Where a disclosure is not made in ‘…’ any compensation may be reduced by up to 25%.
good faith
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)
employer
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)
legal adviser
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)
Minister of the Crown
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)
public sector
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)
prescribed person
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)
serious public interest
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)
others
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)
good faith
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)
reasonable belief that allegations substantially true
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)
no personal gain
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)
reasonable in the circumstances
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)
detriment (reasonable belief of)
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)
destruction of evidence
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*)
done (already informed employer)
Any confidentiality agreement made with a worker regarding a potential disclosure protected by whistleblowing legislation is …
void
Compensation for whistleblowers is …
unlimited
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.
worker
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.
detriment
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 …
protected disclosure
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.
unfairly dismissed
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 …
protected disclosure
Protected/Qualifying Whistleblowing Disclosure:
RB of CO, LO*, MoJ, HaS, ED, C made in PI to AP.
legal obligation
There (is / is not) a minimum length of service required by a worker before whistleblowing protection begins.
is not
The test of reasonable belief in relation to whistleblowing implies that the whistleblower must have some form of … of the alleged wrongdoing.
evidence
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.
objective and verifiable
