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Wednesday, May 6, 2026

Jones Day Cross-Border Investigations Series 2023: Whistleblowing ... - Mondaq News Alerts

While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or "whistleblowing," by employees or other related individuals. In such circumstances, employers may be bound by certain obligations to the whistleblower that affect the manner in which allegations are addressed, including by providing the reporting individual with certain legal protections. While not a comprehensive list, the below table sets out the key considerations arising out of a whistleblowing situation. The table also provides a comparative view of these issues as between the United Kingdom, United Arab Emirates, European Union, and United States, each of which differ in their approach to a greater or lesser extent.

UNITED KINGDOM

In the UK, whistleblower protections are provided under employment law. The scope of what is potentially a protected disclosure is, however, very wide indeed. Employers are subject to legal obligations, chiefly concerned with protecting whistleblowers from detriment or dismissal; though adherence to the government's advice with respect to good practice is important to protect the company from potential claims by employees. As compensation for whistleblowers is uncapped, allegations of being dismissed for raising concerns are increasingly being used to leverage a departing employee's negotiating position. Companies regulated by the Financial...



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