Whistleblowing
Public Interest Disclosures - or whistleblowing - is a technically difficult area of law in which the 3PB team has expertise, experience and a long standing reputation for excellence. Whistleblowing cases are often at the intersection of employment law and public policy or criminal law. Whistleblowing claims often involve a greater degree of investigation than other claims, understanding the complexities of the industry or the public sector in which the client operates, and the alleged wrongdoing on the part of the employer
Members of the 3PB team act for both employees and employers.
Some employees may not realise that they have “whistleblown”, they may believe they were simply raising professional concerns. However, following this, their career may suffer, and they may suffer unexplained detriments.
For employers who are faced with an allegation of whistleblowing detriment the consequences can be significant, both reputationally and financially and clear, incisive and definitive advice is needed.
Whether you are an employee or an employer the 3PB specialists can advise on the issues involved, draft the claim form or response and conduct the case all the way to a final hearing if necessary.
Members of the team have appeared in cases throughout the UK, in Employment Tribunals and the appeal courts, both for and against major institutions, both private and public.
Our Employment and discrimination Barristers...
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Welcome to our November 2023 employment and discrimination law newsletter, in which we celebrate more rankings in the latest Chambers and Partners edition and call for applications for talented employment law barristers to join our team. Edited by Charlotte Hadfield, our newsletter features analysis from Charlotte, Head of Group Craig Ludlow and Alex Leonhardt - covering the following cases: Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, and Virgin Active Ltd v Hughes [2023] EAT 130.
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Welcome to the 53rd Newsletter from 3PB’s Employment and Discrimination Group edited by Stephen Wyeth, celebrating our Specialist Group being ranked Tier 1 in both the Western and South Eastern circuits by the Legal 500 due to our expertise in this field of law.
Thanks to our contributors: Karen Moss (Group Deputy Head), Rising Star (Legal 500) Grace Nicholls, Alex Leonhardt, Joseph England and Andrew MacPhail and first rate commentary from Mathew Gullick KC on the very recent Supreme Court decision of Agnew. Given that Mathew successfully appeared for Mrs Brazel in the Supreme Court (supported by our very own Lachlan Wilson and Naomi Webber) who better to provide his take on this most recent decision involving holiday pay?
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Items include a look at the increase to the National Minimum Wage due in April 2023, new legislation allowing employees to request flexible working from day one in a job, as well as two proposed bills - the Carer's Leave Bill and the Protection from Redundancy (Pregnancy and Family Leave) Bill, and a look at The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.
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Analysis includes Nexus v RMT & Unite the Union [2022] EWCA Civ 1408, Mr J Hilaire v Luton Borough Council [2022] EAT 166, and how employers can protect themselves during Christmas party season. -
Read the latest employment law news and cases analyses from the 3PB Barristers team. packed full of insights and news for employment and discrimination practitioners.
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Welcome to October's employment law newsletter In our October newsletter, we report the publication by the government of the Retained EU Law (Revocation and Reform) Bill, likely, if passed, to effect important change to UK employment law. We consider ACAS' update of their advice on employee suspensions; the TUC's challenge of government anti-strike legislation and more positive news around the 4-day week trial. We also congratulate our employment team for another set of impressive results in the Legal 500's latest...
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Welcome to May's Employment Law newsletter Spring is here: whilst April saw unseasonably dry conditions in a meteorological sense, there has been a metaphorical flood of interest and debate taking place as to what the future may, and should, hold in terms of remote and flexible working as we appear to embark upon what may be regarded as a post-pandemic era. News items in this edition cover: - The CIPD Survey on attitudes to home working...
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3PB’s specialist employment and discrimination law barrister Joseph England, who last year authored a book on whisteblowing, provides an article examining the Court of Appeal's judgment on the case of Simpson v Cantor Fitzgerald Europe. This case revisits wide-ranging issues of various fundamental whistleblowing concepts across its seven grounds of appeal. The judgment and the earlier EAT judgment provide a useful summary and discussion about key components of whistleblowing legislation and are a comprehensive read for...
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3PB employment barristers Colin McDevitt and Karen Moss presented employment law webinar on 'Whistleblowing: key concepts, injunctions and updates on procedure' on 12th November. Topics covered include "Key concepts, interim injunctions and recent cases" and “Whistleblowing: latest procedural considerations; and what is a detriment?", including a number of key cases. You can watch the webinar on demand here:
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Daniel Brown has edited 3PB's October Employment and Discrimination newsletter, including contributions from Matthew Curtis, Sarah Clarke, Simon Tibbitts, Stephen Wyeth, Karen Moss, Grace Boorer, Lachlan Wilson, Grace Nicholls, Andrew MacPhail and Charlotte Hadfield. The newsletter brings you 3PB news, recordings as well as our case and legal analysis. You are also invited to register to attend our 8 October webinar on injunctions, restrictive covenants and team moves. Click here to view the newsletter. News...
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3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...
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There's no doubt that the coronavirus pandemic is making health and safety issues a top priority for employers and employees alike. What should they be aware of from an employment law perspective when it comes to health and safety? What should they be aware of with regard to whistleblowing? Specialist employment barrister from 3PB, Sarah Bowen, shares guidance during this 45-minute webinar. This webinar is pre-recorded for you to view at your leisure.
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Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here. Gilham v Ministry of Justice [2019] UKSC 44 The Supreme Court handed down its judgment in Gilham on 16 October 2019. The SC considered whether a Judge could rely on whistleblowing protection, holding...
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