Critically evaluate the protection given to Whistleblowers in England and Wales under the Public Interest Disclosure Act (PIDA) 1998. Refer to both statute and case law in your answer.

In July 2019 the All Party Parliamentary Group on Whistleblowing published a report which concluded that “The UK regulatory framework of whistleblower protection is complicated, overly legalistic, cumbersome, obsolete and fragmented. The remedies provided by PIDA are mainly retrospective and largely not understood…. [and] The definition of whistleblowing and whistleblowers is too narrow.”[1]

Critically evaluate the protection given to Whistleblowers in England and Wales under the Public Interest Disclosure Act (PIDA) 1998. Refer to both statute and case law in your answer.

Comments:

I would like to include a part talking about the current COVID situation in UK and how employers or other organisations have taken advantage of the system – please have a look at the link : https://uklabourlawblog.com/2020/05/04/how-effective-is-whistleblowing-protection-for-workers-at-the-centre-of-the-covid-19-pandemic-by-schona-jolly-and-dee-masters/

Cases to be included (I am open to suggestions):

– McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15

– Blackbay Ventures Ltd ta Chemistree v Ms K Gahir: UKEAT/0449/12/JOJ

– Clyde & Co LLP & Anor v Bates van Winklehof [2014] UKSC 32

– Gilham v Ministry of Justice [2020] IRLR 52 SC 

– Royal Mail Group Ltd v Jhuti [2020] IRLR 129 SC

– Ibrahim v HCA International Ltd [2020] IRLR 224 CA 

– Kilraine v London Borough of Wandsworth [2018]

BOOKS

  • Baker, Smith and Woods Employment Law (14th ed, Oxford, 2019)
  • Cabrelli, David. Employment Law in context Text and Materials, (3rd ed, Oxford University Press,2018)
  • Emir, Astra. Selwyn’s Law of Employment, (20th ed, Oxford University Press, 2018)
  • Painter and Holmes Cases & Materials on Employment Law, (10th ed, Oxford University Press, 2015)
  • Collins H; Ewing, KD; McColgan A; Labour Law: Text and Materials (3rd ed 2012 Camb Univ Press)      
  • Collins H; Ewing, KD; McColgan A; Labour Law (2nd edition, Cambridge University Press, 2019)
  • Deakin and Morris: Labour Law (6th ed; Hart Publishing 2012)  
  • Lockton, D.  Employment Law, (9th ed. Palgrave, 2014) 
  • Pitt, G. Employment Law (10th ed Sweet and Maxwell, 2016)
  • Collins, H. Justice in Dismissal: The Law of Termination of Employment (1992)

Journals & Encyclopaedias:

  • Employment Law Journal
  • Industrial Law Journal
  • Income Data Service Brief (Employment Law Brief / Pay and Rewards)
  • Journal of Social, Welfare & Family Law
  • Tolley’s Health and Safety Encyclopaedia
  • Tolley’s Employment and Personnel Procedures
  • Practical Law Company (PLC) (a maintained database giving an overall view of subject areas)
  • ELA Briefing.  This is the bi-monthly newsletter of the Employment Lawyers Association. 

[1]  The All Party Parliamentary Group on Whistleblowing’s report – ‘Whistleblowing; The Personal Cost of Doing the Right Thing and the Cost to Society of Ignoring it.’ (published July 2019) at page 4 available from  https://www.appgwhistleblowing.co.uk/