Whistleblower protection

In a series of press releases throughout September 2023, the Securities and Exchange Commission (SEC) announced enforcement orders against three separate companies for using employment agreements and separation agreements that violated the SEC’s whistleblower protection rule. The orders reflect the SEC’s increased scrutiny of employment agreements and separation agreements under the whistleblower protection rule.

New

With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new report published by the international NGO, Blueprint for Free Speech, and the Thomson Reuters Foundation (the “Report”), the answer to this question is a resounding no. The Report identifies a number of deficiencies in the current statutory regime and argues that the UK falls short of international standards. It goes on to propose 10 urgent reforms and 10 further recommendations.

Background

Whistleblowing occurs when a worker reports or exposes (in most instances to his/her employer, but potentially also to the appropriate regulator or even the press) certain wrongdoing or malpractice in the workplace. English law provides certain protection against victimisation and dismissal related to whistleblowing. Since June 2013, workers – to be protected – must have a reasonable belief that the disclosure is “in the public interest”.
Continue Reading Protecting Whistleblowers in the UK – Is the Law Sufficient?