Recent years have seen an increasing focus on whistleblowing as a cornerstone of good corporate culture, particularly in the financial services sector where a key feature of the Senior Managers and Certification Regime (SMCR) is a requirement for firms to appoint a ‘whistleblowers’ champion’. Effective whistleblowing procedures can allow problems to be identified early, providing an opportunity to rectify shortcomings and to prevent a crisis. Whistleblowing can also allow businesses to manage market-notification obligations and public relations, identify poor performance and potentially avoid costly employment litigation.
Whistleblowing legislation was introduced in 1998 following the realisation that a number of high-profile disasters may have been prevented or their effect reduced if a worker had spoken up, or their employer had listened to them.2 Amendments to the Employment Rights Act 1996 (ERA) came into force in July 1999,3 providing two key protections for whistleblowers: unlawful detriment (protecting employees and workers, including some limited liability partnership members,4 and even judicial office holders5) and automatically unfair dismissal (protecting employees). There is no qualifying length of service for bringing whistleblowing claims.
Subjecting a worker to a detriment because they have made a protected disclosure is unlawful. Detriments include, but...
False sexual or rape allegations can have devastating consequences for the accused, including reputational damage, loss of employment and emotional trauma. In Nigeria, current legislation focuses ...