Whistleblowing in the workplace: where are we now?

This event is in the past
Date:
Fri, 3rd Jul 2015
Location:
London - Royal College of Obstetricians and Gynaecologists (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists
27 Sussex Place,
Regent's Park,
London, NW1 4RG, UK
Speaker(s):
Gareth Brahams, BDBF LLP Martin Fodder, Littleton Chambers and Tom Ogg, 11 KBW
Event Type:
Experienced
Duration:
Registration and light breakfast from 8.45am. Course runs from 9.30am to 12.50pm
CPD hours:
2.50
Status:
Spaces Available

Venue map

Cost:: £140 + VAT. There is a 20% early bird discount until 8 June 2015, a 30% out-of-region discount and a 50% voluntary sector discount

Programme overview

Chair: Kathryn Weaver, Lewis Silkin and member of ELA Training Committee

From 8.45amRegistration and light breakfast

9.30am Tricky issues on the scope of whistleblowing protection
Martin Fodder, Littleton Chambers

Martin acts for employers and employees in most areas of employment law. Although much of his work is for private sector clients Martin has very considerable experience of the public sector, local government, the NHS and educational establishments. Recent Whistleblowing work includes (both in the EAT): BP PLC (appellant) v. ELSTONE and another (respondents) [2010] IRLR 558 and Western Union Payment Services UK Ltd v Anastasiou [2014] UKEAT 0135_13_1205. Martin is co-author (with John Bowers QC, Jeremy Lewis and Jack Mitchell) of "Whistleblowing, Law and Practice" (now in its second, 2012, edition), a leading text which is cited in many of significant CA and EAT authorities.

  • Has the new public interest requirement made any difference?
  • What are the legal and practical implications of the removal of the good faith requirement and  the new power to reduce compensation for want of good faith?
  • International aspects: does it make any difference where in the world the worker’s  disclosure was made?
  • Can an employee whose employment does not fall within the Lawson v Serco test can still make a claim under the PIDA provisions of ERA?
  • Post employment disclosures- when are they protectable?
  • Separability: how does a Tribunal distinguish between the disclosure as the reason for detrimental treatment or dismissal and some other factor connected with dismissal?
  • Whose reason matters in a whistleblowing case- Iago’s or Othello’s? Comparing The Co-Operative Group Ltd v Baddeley  and Clfis (UK) Ltd v Reynolds

10.30am Comfort break

10.40amTribunal claims: recent developments and tactics
Gareth Brahams, BDBF LLP

Gareth is the managing partner of the tier 1-ranked specialist employment law firm, Brahams Dutt Badrick French LLP (BDBF). He is recognised by both independent legal directories as a leader in the employment law field, was listed by the Lawyer Magazine as one of only two employment lawyers in their “Hot 100 Lawyers to watch”, is Deputy Chair of ELA (having previously chaired the Training Committee for five years), sits on the ELA Management Committee and is described by Chambers Legal directory as "bright, energetic and hands-on" as well as "widely recognised as a terrific lawyer who strives more than most to get the best result for his clients". He has taken some of the highest profile whistleblowing cases to publicised hearings on behalf of Claimants including Paul Ryb v Nomura (which was reported in the Times and Financial Times) and Pickett v Citibank (which was reported in the Wall Street Journal). Rather more of his cases have been settled discreetly for large sums of money. He has also successfully defended a 10-day whistleblowing trial on behalf of a financial services firm.

  • Is there a right and a wrong way for an employee to blow the whistle?
  • Should employers really have a whistleblowing policy or will that just encourage more whistleblowing and do employers really want that?
  • What is the impact of confidentiality clauses and breach of confidence on whistleblowing?
  • Do claimants ever win applications for interim relief?  Does that mean they should never bring them?
  • Now a claimant can, should they add co-respondents for detriment claims?
  • Should the claimant tick the box for the ET to inform the relevant authorities?
  • Why do most whistleblowing cases fail?
  • How can an employer deny that whistleblowers are a nuisance if they are?  Do they have to?
  • Other tips and tactics you cannot read about in a book about bringing and defending whistleblowing cases

11.40amTea/coffee

11.50amFuture trends in the key sectors  of health and social care and financial services 
Tom Ogg, 11 KBW

Tom is a barrister at 11KBW specialising in employment law and financial services regulation.  He regularly advises on both employment and regulatory matters in tandem.  During the legal year 2013/14, he was seconded to the Financial Conduct Authority, during which Tom sat in the Enforcement Division’s Legal Group, and in the General Counsel Division.  Tom worked on a range of matters including LIBOR enforcement proceedings, and on the development of the Senior Managers Regime.  Since returning to chambers Tom has acted both for and against the FCA, and on a number of lengthy employment tribunal matters.

  • Key sectors  
    • Health and social care
    • Financial services 
  • Further reforms?    
    • Consultations by government and Public Concern at Work in 2013/2014 on effectiveness of whistleblowing legislation, and outcomes
    • Small Business, Enterprise and Employment Bill 2014-2015
    • Prescribed persons
    • Government guidance on whistleblowing legislation
    • Financial incentives
    • NHS 'Freedom to Speak Up', February 2014
    • FCA/PRA consultation on whistleblowing in banks and insurers

12.50amClose of course