EU countries had until 17 December 2021 to implement the EU Whistleblower Directive (the Directive). However, to date only a few countries have implemented the Directive and this has caused uncertainty amongst multinationals operating in the EU. In our recent international employment webinar, we looked at the current state of play on the implementation of the Directive, and its impact on employers. In this article, we summarise the key takeaways from that session.
The purpose of the Directive is to create a minimum EU-wide standard to ensure that employees who have knowledge of potential breaches of EU law can freely report their concerns without fear of potential retaliation by their employer. Article 19 provides a long list of forms of retaliation which fall under this remit. This includes suspension and dismissal, but also less obvious forms of retaliation, such as a negative performance review or withholding training. Article 21 contains a presumption in favour of the potential whistleblower if they face a detriment, and this reverses the burden of evidence in relation to possible retaliation measures.
A key focus of the Directive is regulating how companies operate reporting channels. This includes an obligation on employers to respond within seven days of a report, and to follow up on reports within three months. The Directive also requires companies with more than 50 employees and all legal entities in the public sector to implement...
A man has filed a lawsuit against his ex-girlfriend, a longtime Detroit police officer, claiming she fabricated stalking charges that landed him in jail before the case was dismissed. In a 24-page,...