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Thursday, September 10, 2026

Monthly Highlights – UK Employment Law – June 2023 | Orrick ... - JD Supra

In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the use of Facebook in the workplace.

1. ACAS Guidance

Whistleblowing at Work

ACAS have recently published new guidance on whistleblowing in the workplace. The guidance provides details on:

  • Who can claim whistleblowing protection.
  • The legal protections from detriment and unfair dismissal.
  • The disclosures that are protected.

The guidance further highlights that whistleblowing concerns are matters made in the public interest rather than personal concerns and therefore the guidance states it is generally not best practice for an individual to “blow the whistle” through a grievance to the employer. That said, the guidance does state that a grievance can amount to whistleblowing provided it contains an appropriate disclosure of information.

The guidance further recommends that employers ensure that they take concerns seriously, that whistleblowers not face any detriment and that a whistleblower’s identity remain confidential.

Absence Trigger Points

ACAS have also released guidance for employers on absence review points, which are often referred to as “trigger points.” Trigger point systems are often based on either: 1) the number of absences an employee has within a certain period, or 2) the length of an employee’s absence.

When using absence trigger...



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