Presentation on Whistleblowing, the law given by Scrase Employment Solicitors to the CIPD in Bristol on 16/6/15. Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability. The session explained the law and set out practical steps to minimise the risk.
Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability.
Presentation to Bristol CIPD, 16 June 2015
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
Top ten employment law tips scrase employment solicitors 180516Martin Augustus
From handling grievances to dealing with harassment, we will show you some of the traps employers can fall into and some simple ways to help you avoid them. This presentation is a must for newcomers to the HR profession and experienced HR practitioners alike. We will deal with the 10 issues we see coming up, time and time again.
Clearly harassment is unacceptable and needs to be dealt with immediately. However, there are also important business reasons for employers to tackle harassment:
• Employers can be vicariously liable for the acts that one employee commits against another;
• Unlike unfair dismissal claims, there is no cap on compensation for harassment at work claims;
• Harassment at work claims do not require qualifying service, and
• Harassment at work claims create unwanted, negative publicity.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Whistleblower protection legislation and mechanismsEUROsociAL II
This document discusses whistleblower protection legislation and mechanisms. It defines whistleblower protection as protecting public and private sector employees who report suspicions of corruption in good faith from retaliation. Whistleblower protections encourage reporting of misconduct and help authorities monitor anti-corruption compliance. Legal sources of protections include sectoral laws as well as international conventions. Key features of protection mechanisms include prohibiting retaliation, establishing reporting procedures, and providing oversight authorities and remedies for retaliation. Challenges to protections include lack of knowledge, fear of reprisals, and cultural barriers, which can be addressed through education and culture change.
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
Whistleblowing is high on the public agenda, the consequences of mishandling a case include damaging the organisation’s reputation and staff morale, unlimited damages and possibly criminal liability.
Presentation to Bristol CIPD, 16 June 2015
Evelyn was asked to speak before 50 women at the Business Women's Network of York Region November event. She prepared and presented a short primer of employment law as it effects employers, including dealing with such topics as: employment agreements; termination clauses; just cause; bad faith; applicable legislation.
Top ten employment law tips scrase employment solicitors 180516Martin Augustus
From handling grievances to dealing with harassment, we will show you some of the traps employers can fall into and some simple ways to help you avoid them. This presentation is a must for newcomers to the HR profession and experienced HR practitioners alike. We will deal with the 10 issues we see coming up, time and time again.
Clearly harassment is unacceptable and needs to be dealt with immediately. However, there are also important business reasons for employers to tackle harassment:
• Employers can be vicariously liable for the acts that one employee commits against another;
• Unlike unfair dismissal claims, there is no cap on compensation for harassment at work claims;
• Harassment at work claims do not require qualifying service, and
• Harassment at work claims create unwanted, negative publicity.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Whistleblower protection legislation and mechanismsEUROsociAL II
This document discusses whistleblower protection legislation and mechanisms. It defines whistleblower protection as protecting public and private sector employees who report suspicions of corruption in good faith from retaliation. Whistleblower protections encourage reporting of misconduct and help authorities monitor anti-corruption compliance. Legal sources of protections include sectoral laws as well as international conventions. Key features of protection mechanisms include prohibiting retaliation, establishing reporting procedures, and providing oversight authorities and remedies for retaliation. Challenges to protections include lack of knowledge, fear of reprisals, and cultural barriers, which can be addressed through education and culture change.
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
The document provides a summary of an annual employment law update presentation. It outlines several key employment law cases and legislative changes that were discussed in the presentation. These include cases related to employment status, discrimination, whistleblowing, and vicarious liability. Legislative changes discussed include the Gender Pay Gap reporting requirements, a proposed Sexual Harassment Code of Practice, upcoming changes to taxation and IR35 rules, and the Parental Bereavement Leave and Pay Act.
HR Insights 24.02.21 - The Impact of Vaccinations James Cheetham
Anna Denton-Jones of Refreshing Law focused on the topic of Covid-19 vaccinations and the impact they will have on the workplace and HR professionals when rolling out new HR policies and procedures.
This included issues such as; vaccine hesitancy from employees, data protection, staff contracts, the risks of discrimination, impacts on recruitment, awareness of unfair dismissals, and legislation to stay on top of.
An incredibly timely and important webinar, loaded full of information, with our most virtual attendees so far! Have a listen to this month’s HR helping hand.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
This presentation is designed to rebut political propaganda against Sovereignty Advocates directed at police officers and police departments. It gives police officers a clear understanding of sovereignty as a just, lawful, and peaceful pursuit. It is also useful as training in how to deal with police officers who are oppressing nonresidents in the free exercise of their right to travel.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document outlines four law systems: Constitutional law, common law, criminal law, and civil statutory codes. It explains that constitutional law protects private rights and property, while common law is based on judicial precedent. Criminal law requires committing an act within a state and does not require consent. Civil statutory codes implement franchises and require domicile within a forum to sue under them. The document argues that government purpose has become corrupted by treating all property as public and requiring licenses and numbers to associate with private property.
The document discusses various employment issues in Australia. It covers topics such as workplace health and safety, discrimination and harassment, privacy concerns, dispute resolution processes, taxation, and superannuation. Specifically, it notes that close to 180 workers die each year in Australia, mostly young men in dangerous industries like construction. It also discusses cases of sexual harassment and new technologies increasing privacy concerns for workers.
Blake Lapthorn's annual employment law update was held on 24 and 25 November 2009. The workshop covered five of the current hot HR topics:
- Stringer – how to calculate holiday entitlement during periods of long-term sick leave has been a headache for employers for many years.
- Equality Bill – new legislation will simplify existing discrimination law by consolidating it into one Act.
- Changing terms and conditions – the current economic climate is forcing many businesses to think creatively about the terms and conditions of their staff.
- Compromise agreements/constructive dismissal – compromise agreements are an effective legal tool for securing final settlement with departing employees. However, handled incorrectly, compromise agreements lead to more difficulties than they solve.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
The EEOC has issued new enforcement guidance on the use of criminal background checks in employment decisions. The guidance addresses concerns that exclusionary criminal background check policies can result in disparate treatment or disparate impact discrimination prohibited by Title VII. It provides that blanket exclusions of people with any criminal record will rarely satisfy the business necessity defense. Instead, employers should use targeted screens that are narrowly tailored based on the nature of the offense, amount of time passed, and requirements of the job. The guidance also recommends individualized assessments for people excluded by screens.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline.
These are the presentation slides I used in my lecture on the subject on February 15, 2013 at the Asian Institute of Management - Conference Center, Makati City, Philippines. The seminar is sponsored by Ariva! Events Management and co-sponsored by the Rotary Club of Makati McKinley, RI District 3830.
The talk is essentially about employee discipline which can lead to employment termination. The focus of my lecture is on the legal aspect and framework of this employee relations process.
This document discusses whistleblowing and its importance. It provides definitions and notes that whistleblowing involves raising genuine concerns about wrongdoing in the workplace. While protections exist, whistleblowers often face negative consequences. The document then outlines the legal protections for whistleblowers under the Public Interest Disclosure Act and regulatory expectations for effective whistleblowing policies and procedures. It gives an overview of Ofqual's approach to handling whistleblowers and data on disclosures received. Challenges in addressing whistleblowing are also discussed.
Browne Jacobson HR for Education 2017 - Workshop 2B - Employment law masterclassBrowne Jacobson LLP
This document summarizes an employment law masterclass on whistleblowing, employment status, and settlement agreements. On whistleblowing, it discusses when disclosures are protected and tricky areas like complaints. On employment status, it explains the categories of employees, workers, and independent contractors and implications of the growing gig economy. On settlement agreements, it outlines requirements like being agreed through ACAS and statutory claims that cannot be settled. It also discusses common issues like tax treatment, confidentiality clauses, and approval needs for academies.
At these events we present an overview of what we consider to be the most significant developments in 2018, and what they teach us about managing your workforce – together with our practical tips.
We also discussed what is coming up in 2019, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- case Law updates on worker status and the ‘gig economy’
- Brexit – Impact on EEA Workers
- immigration
- taxation and PILON Clauses
- discrimination updatewWhistleblowing and Vicarious Liability updates
- tribunal fees and the Law Commission Consultation
- what's coming up in 2019
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/services/employment
The document provides a summary of an annual employment law update presentation. It outlines several key employment law cases and legislative changes that were discussed in the presentation. These include cases related to employment status, discrimination, whistleblowing, and vicarious liability. Legislative changes discussed include the Gender Pay Gap reporting requirements, a proposed Sexual Harassment Code of Practice, upcoming changes to taxation and IR35 rules, and the Parental Bereavement Leave and Pay Act.
HR Insights 24.02.21 - The Impact of Vaccinations James Cheetham
Anna Denton-Jones of Refreshing Law focused on the topic of Covid-19 vaccinations and the impact they will have on the workplace and HR professionals when rolling out new HR policies and procedures.
This included issues such as; vaccine hesitancy from employees, data protection, staff contracts, the risks of discrimination, impacts on recruitment, awareness of unfair dismissals, and legislation to stay on top of.
An incredibly timely and important webinar, loaded full of information, with our most virtual attendees so far! Have a listen to this month’s HR helping hand.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
This presentation is designed to rebut political propaganda against Sovereignty Advocates directed at police officers and police departments. It gives police officers a clear understanding of sovereignty as a just, lawful, and peaceful pursuit. It is also useful as training in how to deal with police officers who are oppressing nonresidents in the free exercise of their right to travel.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
This document outlines four law systems: Constitutional law, common law, criminal law, and civil statutory codes. It explains that constitutional law protects private rights and property, while common law is based on judicial precedent. Criminal law requires committing an act within a state and does not require consent. Civil statutory codes implement franchises and require domicile within a forum to sue under them. The document argues that government purpose has become corrupted by treating all property as public and requiring licenses and numbers to associate with private property.
The document discusses various employment issues in Australia. It covers topics such as workplace health and safety, discrimination and harassment, privacy concerns, dispute resolution processes, taxation, and superannuation. Specifically, it notes that close to 180 workers die each year in Australia, mostly young men in dangerous industries like construction. It also discusses cases of sexual harassment and new technologies increasing privacy concerns for workers.
Blake Lapthorn's annual employment law update was held on 24 and 25 November 2009. The workshop covered five of the current hot HR topics:
- Stringer – how to calculate holiday entitlement during periods of long-term sick leave has been a headache for employers for many years.
- Equality Bill – new legislation will simplify existing discrimination law by consolidating it into one Act.
- Changing terms and conditions – the current economic climate is forcing many businesses to think creatively about the terms and conditions of their staff.
- Compromise agreements/constructive dismissal – compromise agreements are an effective legal tool for securing final settlement with departing employees. However, handled incorrectly, compromise agreements lead to more difficulties than they solve.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
The EEOC has issued new enforcement guidance on the use of criminal background checks in employment decisions. The guidance addresses concerns that exclusionary criminal background check policies can result in disparate treatment or disparate impact discrimination prohibited by Title VII. It provides that blanket exclusions of people with any criminal record will rarely satisfy the business necessity defense. Instead, employers should use targeted screens that are narrowly tailored based on the nature of the offense, amount of time passed, and requirements of the job. The guidance also recommends individualized assessments for people excluded by screens.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline.
These are the presentation slides I used in my lecture on the subject on February 15, 2013 at the Asian Institute of Management - Conference Center, Makati City, Philippines. The seminar is sponsored by Ariva! Events Management and co-sponsored by the Rotary Club of Makati McKinley, RI District 3830.
The talk is essentially about employee discipline which can lead to employment termination. The focus of my lecture is on the legal aspect and framework of this employee relations process.
This document discusses whistleblowing and its importance. It provides definitions and notes that whistleblowing involves raising genuine concerns about wrongdoing in the workplace. While protections exist, whistleblowers often face negative consequences. The document then outlines the legal protections for whistleblowers under the Public Interest Disclosure Act and regulatory expectations for effective whistleblowing policies and procedures. It gives an overview of Ofqual's approach to handling whistleblowers and data on disclosures received. Challenges in addressing whistleblowing are also discussed.
Browne Jacobson HR for Education 2017 - Workshop 2B - Employment law masterclassBrowne Jacobson LLP
This document summarizes an employment law masterclass on whistleblowing, employment status, and settlement agreements. On whistleblowing, it discusses when disclosures are protected and tricky areas like complaints. On employment status, it explains the categories of employees, workers, and independent contractors and implications of the growing gig economy. On settlement agreements, it outlines requirements like being agreed through ACAS and statutory claims that cannot be settled. It also discusses common issues like tax treatment, confidentiality clauses, and approval needs for academies.
More commonly known as the “Whistleblowers’ Act”, the Protected Disclosures Act 2014 came into force in Ireland on 15 July 2014. Its aim is to protect workers who report wrongdoing in their workplace. The Act provides for a single piece of legislation for the protection of whistleblowers as opposed to the disjointed approach adopted in Ireland to date. What will be the impact on employers?
A presentation on organisational reputation and the legal issues of internal conflict being played out in the media. This presentation was given by Thomas Eggar LLP as part of the Sport and Recreation Alliance's, Sport and the Law Conference 2015.
This whistleblowing policy outlines Pathway Group's commitment to transparency and integrity. It provides a framework for employees to disclose malpractice internally or to designated officers. The policy defines whistleblowing and relevant legislation. It details the process for investigations into disclosures, protections for whistleblowers, and the roles of designated officers, senior leadership, and unions. The goal is to encourage disclosure of issues while protecting whistleblowers from reprisal.
Bailey - C5 Paris - Investigations - 13 May 2014 [Mode de compatibilité]Patricia B.
This document summarizes key points from a presentation on conducting internal investigations and compliance procedures. It discusses:
- The advantages of internal vs. external investigations.
- Rights that must be protected for employees under investigation, including presumption of innocence and right to comment.
- Specific compliance issues in France, like labor law obligations and strict data protection laws.
- Examples of potential money laundering "red flags" and whistleblowing procedures in France.
- Considerations around disclosing investigations to external auditors or prosecutors.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. October 15, 2014. Asian Institute of Management, Makati City, Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Managing serious incidents and fatal accidents seminar, Manchester - July 2016Browne Jacobson LLP
This seminar aims to give practical advice to those being investigated and prosecuted for regulatory offences. We also look at the new powers of the Magistrates and the sentencing guidelines for regulatory offences to assist you in assessing your approach to any prosecution.
We will be covering:
• the legal matrix - the police, Health and Safety Executive and other regulators
• immediate challenges in the hours and days after an incident - visits to site
• dealing with the investigators - disclosing documents, compulsory powers
• internal investigations - legal privilege, disciplinary investigations, safeguarding
• witness statements - proper preparation
• interview under caution - to attend or not? How to respond
• inquests
• criminal proceedings - responding to the case summary and Friskies Schedule
• sentencing.
This session is delivered by experienced solicitor-advocates and criminal lawyers who have advised both public and private sector defendants on a variety of criminal and regulatory investigations and prosecutions. The aim of the session is to supplement your existing knowledge and to assist you in responding effectively to regulatory investigations and prosecutions.
https://www.brownejacobson.com/sectors-and-services/services/regulatory
This chapter discusses whistleblowing and the laws protecting whistleblowers. It defines whistleblowing and internal and external whistleblowing. It explains when whistleblowing is considered ethical based on 5 conditions. Key pieces of US legislation aimed at preventing corporate misconduct are identified, including the Whistleblower Protection Act of 1989 and provisions to protect whistleblowers. Employers have a duty to respond to whistleblowers and cannot engage in retaliation.
The document discusses whistleblowing, which refers to reporting misconduct within an organization. It defines types of whistleblowing like internal, external, alumni whistleblowing. The objective is to eradicate unethical behavior. Whistleblowers can be employees or others. There are risks to whistleblowers like being forced to leave their job. A case study describes an engineer in India who reported corruption and was later found murdered. The document advocates for whistleblowing policies to protect whistleblowers and encourages reporting issues internally first.
Risk management and whistle blowing policySandeep Mane
The document outlines a risk management and whistleblowing policy for an organization. It defines whistleblowing as raising concerns about danger or illegality that affects others. It notes the Public Interest Disclosure Act of 1999 protects employees who report issues. The policy aims to encourage open communication, address concerns internally, act as a deterrent to malpractice, and protect whistleblowers from reprisal. It applies to employees, contractors, suppliers, and council members. It covers a wide range of issues and legal/ethical concerns. The organization pledges to treat reports confidentially and not tolerate victimization of whistleblowers.
This document discusses principles of effective client service delivery in the community sector. It covers several key points:
- Client services must be consistent with their needs and rights, and contact must be within accepted codes of conduct. Clients should direct interventions where able.
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Whistleblowing, the Law - Scrase Employment Solicitors
1. Whistleblowing, the law
for Bristol CIPD – 16 June 2015
Rupert Scrase & Martin Augustus
Scrase Employment Solicitors
2. Whistleblowing, the law
• Introduction
– Rupert Scrase
• Whistleblowing, legal background
– Rupert Scrase
• Whistleblowing, practical steps
– Martin Augustus
3. Scrase Employment Solicitors
Training from experience
In house company training
Practical straightforward advice
Employment Law Advice through
fixed rate for projects, eg. updating handbooks
hourly rate, or
Employment Law Advice Agreement (ELAA)
4. ELAA
• Key benefits of annual ELAA are:
Employment law advice on phone, email or in person
Preparation and representation in Employment
Tribunal
Drafting of settlement agreements
Checking of employment related documentation
5. Legal background
• Whistleblowing protection is in the Public
Interest Disclosure Act 1998 (PIDA)
• PIDA came into force in 1999 following various
disasters such as Zeebrugge and Piper Alpha
where staff had concerns but were too scared
to raise them
• PIDA inserted new sections 43A-43L and 103A
into the Employment Rights Act 1996
6. Legal background
• Law protects ‘workers’
– This is a wider definition than ‘employees’
– Includes:
• Homeworkers
• Non-employees undergoing training or work
experience
• Self-employed doctors and other professionals in the
NHS
• Agency workers
7. Legal background
• There are two key protections for workers
who make a ‘protected disclosure’:
– Any dismissal will be automatically unfair if the
reason is that they have made a ‘protected
disclosure’
– Workers must not be subject to a detriment for
making a ‘protected disclosure’
• There is no financial cap on compensation and
no requirement for a minimum period of
service
9. Legal background
• A whistleblower must first make a ‘qualifying
disclosure’:
– The subject matter of the disclosure must be:
• Criminal offences
• Breach of any legal obligation
• Miscarriages of justice
• Danger to H & S of any individual
• Damage to the environment
• Deliberate concealing of information about any of the
above
10. Legal background
• Qualifying disclosure (continued)
– The worker must have a reasonable belief that
the information shows one of the failures and that
the disclosure is in the public interest
11. Legal background
• What is a disclosure?
– The disclosure does not have to be made through
a whistleblowing policy
– It can be made either orally or in writing
– It might be in a grievance letter or solicitor’s letter
– To be a disclosure, it must ‘convey facts’
– NB. An email to a line manager may be a
‘disclosure’ even if HR are entirely unaware of it
12. Legal background
• Reasonable belief
– The disclosure does not have to be found
ultimately to be true
– It would be a qualifying disclosure if a worker
reasonably but mistakenly believed malpractice
had occurred
– The worker must reasonably believe it is in the
public interest
14. Legal background
• A protected disclosure is made to:
– The worker’s employer
– A ‘responsible person’ but only if the worker
reasonably believes that the malpractice relates
to:
• a person who is not their employer (e.g. a customer of
the employer), or
• Any other matter for which a person other than the
employer has legal responsibility
– A legal adviser
15. Legal background
• A protected disclosure is made to (continued):
– Government ministers (broadly, if worker is
employed in the public sector)
– Prescribed persons
• There is a statutory list which includes organisations
like the Information Commissioner, H&S Executive and
MPs
• Prior disclosure to the employer is not required
• Only protected if worker reasonably believes the
default falls within remit of prescribed person and the
allegations are substantially true
16. Legal background
• A protected disclosure is made to (continued):
– Wider Disclosure - other third parties (e.g. the
media ) but only if the worker reasonably believes
the allegations are substantially true and is not
acting for personal gain and
• the worker must have previously disclosed the
information to their employer, or
• reasonably believes that they will be subject to a
detriment if they make the disclosure to a prescribed
person, or
• That the employer will conceal or destroy evidence
17. Legal background
• A protected disclosure is made to (continued):
– Exceptionally seriously cases
• There is no need for a worker to have raised the matter
internally
• The worker must not make the disclosure for purposes
of personal gain
• In all the circumstances of the case, it must have been
reasonable for the worker to make the disclosure
having regard to the person it is made
18. Legal background
• Whether an employee acting reasonably in
making wider disclosure (to third parties) will
depend a number of factors including:
– The person the disclosure was made to – e.g. it is
more reasonable to disclose to the police than the
media
– The seriousness of the matter
– Whether the employee has complied with the
employer’s whistleblowing procedure
19. Legal background
• ‘Gagging’ clauses
– S.43J ERA states: “ Any provision in any agreement
to which this section applies is void in so far as it
purports to preclude the worker from making a
protected disclosure…”
– This means an employer can’t stop an employee
blowing the whistle to a regulator (if it is a
protected disclosure) but they can settle any
employment claims through a settlement
agreement
20. Legal background
• Detriment
– Workers have a right not to be subjected to any detriment
on the ground that they have made a protected disclosure
– Examples of detriment include threats, disciplinary action,
loss of work or pay or damage to career
– A former worker can be subjected to a detriment – e.g. by
providing a bad reference
– Employer can be vicariously liable for detriment caused by
employees and workers
– Workers who victimise whistleblower colleagues may be
personally liable
21. Legal background
• Dismissal
– The employee will be automatically unfairly
dismissed if they can show that the reason, or
principal reason they were dismissed was because
they made a protected disclosure
– The employee needs to establish a causal link
between the whistleblowing and subsequent
dismissal
22. Legal background
• Remedy
– Unlimited damages
– Injury to feelings cannot be awarded in dismissal
claims but can be in detriment claims up to the
point of dismissal
– Highest reported award is £3.8m, average award
is £113,667
23. Whistleblowing
• Regulators
– If an employee brings a Tribunal claim against an
employer, the ET1 form asks them if they would
like a copy of the ET1 to be passed to the relevant
regulator
– The relevant regulator may then investigate the
employer which is entirely separate to the tribunal
claim
25. Practical Steps
• Widespread recognition during the 1980s and
1990s that many organisations (public and
private) had a culture which discouraged the
reporting of wrongdoing
– Whistleblowers were ignored or their careers
were damaged
26. Practical Steps
• However, PIDA was only meant to be part of
the solution. It imposes no obligation on
employers to encourage whistleblowing or to
implement a whistleblowing policy
• Government hoped to foster:
27. Practical Steps
“a climate of openness and transparency in which
individuals in the workplace do not feel that they will
be victimised if they draw attention to wrongdoing”
- Hansard 1999
PIDA was not a substitute for
“cultures that actively encourage the challenge of
inappropriate behaviours”
- Committee on Standards in Public Life 2005
28.
29. Practical steps
• Negative publicity
– Employer of choice
– Relationships with customers
– Relationships with suppliers
– Relationships with investors
• Disruption
• Legal fees!
30. Whistleblowing policy
• Compliance and internal control – means that
problems are addressed early and avoids
serious damage or reputational loss
• Avoids external disclosures – less likely that
an employee will feel that they have to blow
the whistle externally
• Minimising litigation risk – less likely that an
employee will be dismissed of suffer
determent
31. Whistleblowing policy
• Avoiding criminal liability for bribery – The
Bribery Act 2010 created a strict liability
corporate criminal offence where an
organisation fails to prevent bribery by a
person “associated” with it. Defence is that
the company had in place adequate
procedures to prevent bribery
32. Whistleblowing policy
• Public bodies – government expects written
policies, part of annual audit process
• Listed companies – UK corporate governance
code requires UK business to have
whistleblowing arrangements, or explain why
not
• US Companies – and subsidiaries required
under Sarbanes-Oxley Act (SOX) to have
whistleblowing arrangements
33. Whistleblowing policy
• Convey seriousness
• Encourage employee to raise concerns
internally
• Remind employee of the standards of
behaviour
• Ensure employee know who they can
approach
34. Whistleblowing policy
• Outline investigation procedures and how
procedures might link with other procedures
such as a grievance procedure
• Make it clear that victimisation of
whistleblowers is not permissible
35. Whistleblowing
Business ethics
Health & Safety
Regulatory codes
Disciplinary rules/
procedure
Confidentiality
EqualityEmployment contract
Grievance procedure
36. Who should handle disclosures
• Advisable to appoint named individuals
• Possibly outside of direct line management,
such as HR
• Could be a nominated “Whistleblowing
Officer”
• Access to board director
• Telephone hotline in larger organisations
37. Application of policy
• Should the policy apply to others who fall
outside of the definition of “workers” within
PIDA
– Self-employed workers outside of the NHS
– Volunteers
– Contractors and sub-contractors
38. What to cover
• Should the policy be limited to the six areas
making the disclosure a “qualifying disclosure”
• Strong argument that employers should
encourage other disclosures
– Unethical behavour
– Breaches of professional conduct which fall short
of being unlawful
39. Encouraging early disclosure
• May be unhelpful to require employees to
hold a reasonable belief before making a
disclosure
– May feel that they need to gather evidence
– May feel that they need to protect their own
position
– “reasonable suspicion” may be better wording
Dame Janet Smith’s report on the Shipman enquiry
40. Protecting Whistleblowers
• Provide guidance and support
– External counselling such as an EAP
– Provide access to training individuals who can
offer guidance and support
– Public Concern at Work – provide a confidential
independent helpline for whistleblowers
41. Protecting Whistleblowers
• Anonymous disclosures
– Openness should be encouraged however some
employees may lack confidence to come forward
– Can cause problems in identifying whether the
disclosure had been made in good faith (however
remember that this is no longer a legal
requirement)
– EU working party on Data Protection discouraged
anonymous disclosure as the norm
42. Handling disclosures
• Right to be accompanied
– The formal right to be accompanied may not arise
in every incidence where an employee raises an
issue under a whistleblowing procedure,
– However, employees are more likely to feel more
confident about making the disclosure if they are
allowed a companion
43. Handling disclosures
• Investigation
– Investigate promptly
– Investigation by someone who is not directly
involved or may be a witness
– May need to use staff with relevant specialist skills
or knowledge
44. Handling disclosures
• Complaint:
– May be well founded – requiring further
investigation and action
– Raised in good faith but unfounded
– Unfounded and raised maliciously
45. Providing feedback
• Reporting back will assure complainants that
their concerns are being taken seriously
• Less likely to escalate the matter or take it to
an external regulator or the press
• PCaW recommends dealing with malpractice
openly so that staff are aware of the problems
and can be confident in the procedure
46. Appeal
• There needs to be an internal mechanism to
allow a dissatisfied employee to escalate their
concerns to a senior employee
– Should have the authority to be able to act
independently and not be afraid to overturn
previous decision
– Should not have previously been involved in the
matter or its investigation
47. Training
• Make sure that everyone is aware of
whistleblowing. Employees and other
workers should receive training on the
companies policy and procedures
– Can break vicarious liability in detriment cases
48. BIS Guidance
• The Department for Business Innovation and
Skills published updated guidance for
Employers, including a code of practice in
March 2015
• https://www.gov.uk/government/uploads/sys
tem/uploads/attachment_data/file/415175/bi
s-15-200-whistleblowing-guidance-for-
employers-and-code-of-practice.pdf
49. Thank you
We are running an Employment Law Update
on 30 June 2015
With guest speaker on immigration for HR managers
For more information or to book a place, please
Email maugustus@scraselaw.com
Twitter - @scraselaw
Scrase Law Limited t/a Scrase Employment Solicitors. Whilst every effort has been made to ensure the accuracy of
these notes, the information contained within them is not comprehensive and does not constitute ‘advice’. You
should not take action without first seeking professional advice.