3PB barrister Joseph England to publish new book on NHS Whistleblowing and the Law

3PB is pleased to announce that employment barrister Joseph England will shortly be publishing a practitioners’ handbook for whistleblowing cases, focusing on the NHS.

Whistleblowing claims are one of the most complex and technical that can be pursued and this book will provide a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents in the NHS and across a wide range of sectors. Such claims are increasingly common, can be brought by workers and employees and do not require a specific length of service. A thorough understanding of the legal framework, as provided in this new publication, is essential for legal professionals, HR advisers, senior managers and unrepresented litigants.

The book will explain the various legislative requirements, covering topics including:

  • who can be a whistleblower within the legal definition
  • when raising a concern is elevated to be a protected disclosure
  • the law relating to detriments and dismissal if caused by a protected disclosure
  • what remedies are available
  • practical points about the procedure of claims.

This seminal new reference provides an in-depth practical guide to the law and is a very useful reference tool for practitioners and professionals on both sides of a dispute, both within and outside the NHS.

The publication draws on Joseph’s significant expertise in whistleblowing cases both within and outside of the NHS. He acted as junior for the successful claimant who was awarded £1.22mil in Mattu v University Hospitals Coventry & Warwickshire NHS Trust (ET, 1302226/11, 1303494/12) and Joseph was also counsel in the successful appeal in McTigue v University Hospital Bristol NHS Foundation Trust ([2016] IRLR 742), which considered the scope of protection for whistleblowers, leading to a wider definition of those who could claim protection. He has also acted for various respondents in whistleblowing cases, including NHS Trusts and Health Boards, Education Institutions and a wide variety of businesses.

Publication is scheduled for spring 2019. The book will be available in shops but will first be available here.