Public Concern at Work Whistleblowing Commission Consultation: Strengthening Law and Policy

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Public Concern at Work Whistleblowing Commission Consultation: Strengthening Law and Policy"

Transcription

1 Public Concern at Work Whistleblowing Commission Consultation: Strengthening Law and Policy Submission to the Public Concern at Work Whistleblowing Commission Chartered Institute of Personnel and Development (CIPD) June 2013

2 Background 1. The CIPD is the leading independent voice on workplace performance and skills. Our primary purpose is to improve the standard of people management and development across the economy and help our individual members do a better job for themselves and their organisations. 2. Public policy at the CIPD exists to inform and shape debate, government policy and legislation in order to champion better work and better working lives, especially for young people. Our views are informed by evidence from 135,000 members responsible for the recruitment, management and development of a large proportion of the UK workforce. 3. Our membership base is wide, with 60% of our members working in private sector services and manufacturing, 33% working in the public sector and 7% in the not-for-profit sector. In addition, 76% of the FTSE 100 companies have CIPD members at director level. We draw on our extensive research and the expertise and experience of our members on the front-line to highlight and promote new and best practice and produce practical guidance for the benefit of employers, employees and policy makers. General Comments 4. The definition of wrongdoing in the current legislation is quite narrow: it might be expanded to embrace unethical as well as unlawful behavior, which would cover tax avoidance, for example. 5. Whistleblowing has assumed ever greater importance as trust in organisations has declined, however whistleblowing is always liable to damage the relationship between whistleblower and employer, even where a disclosure is in an organisation s interests. 6. Whistleblowing will often be a breach of the employee s implied contractual term of mutual trust and confidence, and whistleblowers will rarely be comfortable remaining within the organisation indefinitely. Other employees are also likely to

3 feel threatened where the whistleblower exposes a risk to the organisation and/or its future. 7. The legislation making the employer responsible for any victimisation of the whistleblower by other employees will not do much to change employee behavior; much of it will be informal. However, it will encourage more employers to adopt whistleblowing policies. How can we embed good practice whistleblowing arrangements in all sectors of the UK? For example, should they be mandatory? 8. It would be possible to require organisations to have a whistleblowing policy, but it would not be possible to require employees to use it. As with other areas of risk management, policies are useful only insofar as they are implemented. Do you think there should be financial or other rewards for whistleblowers? What are the advantages and disadvantages? How would the rewards be funded? And what about non-financial wrongdoing? 9. Until the requirement that whistleblowers should show good faith was removed by recent legislation, it would probably have been counter-productive to offer financial or other rewards to whistleblowers since this could have raised at least an initial assumption that they were motivated by the prospect of reward. 10. Where there is a powerful public interest in encouraging whistleblowing, for example in the public sector, rewards might be worth considering. One example might be in relation to public sector contracting, where the taxpayer has a strong interest in fair and open competition. Given recent Ministerial pronouncements on the priority for patient care, the NHS might also offer a suitable test-bed.

4 Do you think the Public Interest Disclosure Act is working? Are there any ways in which it can be simplified or improved? 11. The question is, what does working mean in this context? If the Act is intended to protect whistleblowers, we might conclude that it is unsuccessful since many whistleblowers continue to be ostracised by colleagues. Similarly, if the Act is intended to encourage whistleblowers, we have no evidence that it has. 12. It is not easy to think of ways in which the Act might be simplified or improved. Whistleblowers are never likely to be popular since, at least in the short term, their actions may appear to put their organisation s future on the line and/or threaten jobs. The old phrase about shooting the messenger still has relevance. Should wrongdoing be more broadly defined within PIDA? Are there any other categories which should be added? 13. The list in section 43B of the Public Interest Disclosure Act 1998 is curiously limited. Assuming (as we must) that dangers to health or safety are in themselves likely to be unlawful, the list focuses largely on illegality, with only the environment qualifying for special attention. But what about tax avoidance, for example, which has gone up in recent months as a priority for public concern? The area of unethical behaviour is potentially very wide but can have a substantial impact on company performance and on the public purse. Further consideration needs to be given to extending the list in this area. Do the Government s amendments to the public interest test and to good faith achieve a fair balance between employer and employee interests? 14. The new public interest test seems likely to require testing in courts and tribunals before it is clear whether it will give rise to disproportionate legal argument but in principle it is not unreasonable. Indeed the public interest test might be an

5 adequate catch-all definition of those disclosures that are entitled to legal protection. 15. The need for whistleblowers to show good faith was presumably incorporated in the legislation so as to reduce the possibility that whistleblowers might claim protection for indulging personal grievances or grudges. Given the current focus on protecting the public interest, it seems not unreasonable to look, not at the motives of the whistleblower, but at the truth or otherwise of their claims and the impact on the wider public interest. Should there be a broader, more flexible definition of worker within PIDA to deal with the many different types of worker and working arrangements? Are there any categories of persons not now covered which ought to be? 16. The PIDA aims to protect workers from mistreatment by their employer. All individuals who are in a position to be disadvantaged by an employer, including trainees, volunteers and interns should be included, as in principle should other special categories such as ministers of religion. 17. The Civil Service Code should be amended to allow civil servants the freedom to take concerns to an external body, like employees in other sectors, if they have no success in getting heard internally. Protection for whistleblowers limits the implied contractual duty of mutual, confidence and good faith between employer and employee but It is unclear on what grounds the civil service as an employer should be singled out for special protection from whistleblowers. 18. However the armed forces and intelligence services might justifiably continue to claim special treatment.

6 Should a worker who has been wrongly identified as having made a protected disclosure be entitled to a claim under PID A? 19. A worker who is mistreated because of a mistaken belief that he or she is a whistleblower should have the same level of protection as a whistleblower. Should a job applicant be entitled to claim against a prospective employer if refused employment because of a previous protected disclosure? 20. Statutory protection from blacklisting is currently limited to trade union activities, presumably because the issue has been identified as mainly targeting trade union activists. There is no obvious reason why similar protection should not be extended to whistleblowers. However such protection might be of limited value to whistleblowers, particularly where their claims are given a high profile and they are named in the media. 21. Whistleblowers might be given comparable protection to that applying to trade unionists in relation to discrimination in recruitment and dismissal. So a job applicant would be entitled to claim against a prospective employer if refused employment because of a previous protected disclosure. Should there be a broader, more flexible definition of prescribed persons within PIDA? Are there any types of prescribed persons not now covered that ought to be? 22. The current complex provisions outlining different levels of protection in relation to different prescribed bodies seem to imply differences that don t exist or are hard to identify. It seems sensible to encourage whistleblowers to approach first someone in their organisation, secondly a regulatory body (if there is one) and only after that another external body (including the media). A broader definition of prescribed bodies might usefully include both MPs and trade unions.

7 Should there be different protection for those who go to the media? 23. It is unclear why different protection should apply to those who go to the media. The impact of going to the media is liable to be greater but that does not make it less legitimate. Should the causation test for unfair dismissal be the same as the test for detriment in whistleblowing cases? 24. The test of causation should be the same in each case. Should a worker be able to obtain interim relief in detriment claims? 25. The same protection should apply to detriment as to dismissal. However such protection will not necessarily enable a whistleblower to hang on to their job if both employer and colleagues are hostile to their activity. Is the protection related to gagging clauses in section 43J PIDA clear enough? Are people appropriately advised about this aspect of compromise agreements? 26. It is important to distinguish between compromise agreements and gagging clauses. Gagging clauses in the NHS were aimed at preventing employees or ex-employees from drawing attention to issues about failings in patient care. It remains legitimate for compromise (or settlement) agreements to be used in the NHS and to restrain employees from commenting publicly on other issues.

8 Should regulators take an interest in the whistleblowing arrangements of the organisations they regulate? Do they make adequate use of information brought to them via whistleblowing? Should regulators do more to protect whistleblowers? 27. Regulators should regard whistleblowing as a major potential source of information relevant to the behaviour of organisations in their sector. They should not however be responsible for taking action to protect whistleblowers, beyond protecting the source of information they receive from whistleblowers. Should the UK set up a whistleblowing ombudsman service? If yes, what could this look like (an ombudsman for each sector or an overarching ombudsman)? 28. It is unclear what job an ombudsman would do, whether based on an individual sector or across the board. There would be some risk of blurring lines of responsibility between ombudsman and regulators. Should there be specialist tribunals or specialised judges for PIDA claims? 29. No. There is every reason why all claims arising in the workplace should be dealt with in the same system. The skills and experience appropriate to dealing with issues about disclosure are essentially the same as those for dealing with other issues arising in the workplace. Employment tribunals are not required to assess the validity or impact of the allegations of wrongdoing being brought by the whistleblower. Should there be an open register of PIDA claims? 30. Such a register would be unhelpful since it would raise allegations that had not been proven or even tested.

9 Should the referral of PIDA claims to a regulator be mandatory? 31. This seems sensible. Should PIDA claims be exempt from employment tribunal fees? 32. This is not a proposition that can sensibly be entertained. On what basis could it be justified? Whether or not it is judged that the fees regime is fair, it should be applied to all claims. If PIDA claims were exempted, a case would no doubt be made to exempt other claims, for example those for discrimination on grounds of sex or disability. Should the Employment Tribunal have the power to make recommendations and levy fines in PIDA claims? If so, how? 33. Again, this suggestion is best seen as a stalking horse for raising other, wider agendas. Should the ET have the power to refer regulatory or criminal matters to the appropriate authority(ies)? 34. Why not? Surely the tribunal service is already required to notify the regulator of appropriate claims?

NHS North Somerset Clinical Commissioning Group. Whistleblowing Policy (Raising Concerns about Malpractice at Work)

NHS North Somerset Clinical Commissioning Group. Whistleblowing Policy (Raising Concerns about Malpractice at Work) NHS North Somerset Clinical Commissioning Group Whistleblowing Policy (Raising Concerns about Malpractice at Work) Approved by: Quality and Assurance Group Ratification date: July 2015 Review date: July

More information

Employment Law Guide for Employees

Employment Law Guide for Employees Agency Workers The Agency Workers Regulations 2010 S12010/93 came into effect on 01 October 2010. The regulations introduce a number of rights for temporary agency workers in the UK relating to their basic

More information

BIS consultation - Whistleblowing call for evidence - looking at the legal protections for individuals who raise concerns

BIS consultation - Whistleblowing call for evidence - looking at the legal protections for individuals who raise concerns BIS consultation - Whistleblowing call for evidence - looking at the legal protections for individuals who raise concerns The NHS Employers organisation represents employing organisations in the NHS in

More information

In some cases, whistleblowers may bring a case before an employment tribunal, which can award compensation.

In some cases, whistleblowers may bring a case before an employment tribunal, which can award compensation. WHISTLEBLOWING Introduction This factsheet has been produced to provide advice on how to negotiate agreements and procedures on whistleblowing for branch officers and stewards. UNISON recognises that employees

More information

AGE DISCRIMINATION. Summary of the law on

AGE DISCRIMINATION. Summary of the law on Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in

More information

Raising Concerns at Work (Whistle Blowing) Policy and Procedure

Raising Concerns at Work (Whistle Blowing) Policy and Procedure Raising Concerns at Work (Whistle Blowing) Policy and Procedure Raising Concerns at Work (Whistle Blowing) Policy and Procedure Page: Page 1 of 12 Recommended by Approved by Workforce Committee Board of

More information

EQUALITY, DIVERSITY AND INCLUSION POLICY

EQUALITY, DIVERSITY AND INCLUSION POLICY 1. Policy EQUALITY, DIVERSITY AND INCLUSION POLICY Victim Support is committed to tackling all forms of discrimination and inequality in both the workplace and the services the organisation provides. This

More information

Whistleblowing at work Policy

Whistleblowing at work Policy 1 Introduction Whistleblowing occurs when a worker raises a concern about danger or illegality that affects others. Policy statement The Association is committed to being open, honest and accountable.

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

Whistleblowing and gagging orders does the law need changing?

Whistleblowing and gagging orders does the law need changing? Whistleblowing and gagging orders does the law need changing? Following the Mid-Staffordshire Foundation Trust Public Inquiry, the rights of employees and exemployees to go public to expose poor practice

More information

UB Whistleblowing Policy

UB Whistleblowing Policy United Biscuits UK Ltd UB Whistleblowing Policy June 2015 Contents 1. Policy statement... 3 2. Policy Aims... 3 3. Who is covered by this policy?... 3 4. What is whistleblowing?... 3 5. Raising a whistleblowing

More information

A six step plan for CII members approached by someone with a whistleblowing concern

A six step plan for CII members approached by someone with a whistleblowing concern Guidance paper June 2014 How to manage a whistleblower: A six step plan for CII members approached by someone with a whistleblowing concern Summary This brief guidance paper is a supplement to the main

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

GUIDANCE NOTE. Discrimination Law. March 2013

GUIDANCE NOTE. Discrimination Law. March 2013 GUIDANCE NOTE Discrimination Law March 2013 Equality Act 2010 In October 2010 the separate threads of UK Discrimination Law were consolidated in the Equality Act 2010 (except for equal pay which is still

More information

Corporate Governance. Whistleblowing Policy (Concern at Work)

Corporate Governance. Whistleblowing Policy (Concern at Work) Corporate Governance Whistleblowing Policy (Concern at Work) 1. Policy statement 1.1 The NHS Business Services Authority (NHSBSA) is committed to the principle of public accountability. The NHSBSA is an

More information

WHISTLEBLOWING GUIDANCE

WHISTLEBLOWING GUIDANCE WHISTLEBLOWING GUIDANCE 1 Whistleblowing Guidance Introduction 1. This guidance accompanies the NHS LA s Whistleblowing Policy, which deals with the process for staff to raise concerns about internal whistleblowing

More information

RACE DISCRIMINATION. Summary of the law on

RACE DISCRIMINATION. Summary of the law on Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply

More information

Equality and Diversity Policy. February 2015

Equality and Diversity Policy. February 2015 Equality and Diversity Policy February 2015 Contents Page no. Kier Group Plc 3 Statement of Intent 3 Core Policy 4 Forms of discrimination principles 4 Equality and diversity in recruitment, selection,

More information

Equality & Diversity Policy Version number 3.0

Equality & Diversity Policy Version number 3.0 Equality & Diversity Policy Version number 3.0 Lead executive Name / title of author: Janet Wilkinson, Director of HR & OD Juliette Tait, Employee Relations Lead Date reviewed: Target audience: Policy

More information

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality

More information

Equality and Diversity Protocol

Equality and Diversity Protocol Equality and Diversity Protocol Document information Document title Equality and Diversity Protocol Owner Equality, Safety and Welbeing (ESW) Status Live Version 3 Effective from 18 June 2013 Approved

More information

Equality and Diversity Policy July 2015

Equality and Diversity Policy July 2015 Equality and Diversity Policy July 2015 Policy Group: Equality and Diversity Procedure Number: 3.1 Procedure Title: Equality and Diversity Policy Author: Gail Crossman Date and current version: July 2015

More information

Equality, Diversity and Inclusivity Policy

Equality, Diversity and Inclusivity Policy Equality, Diversity and Inclusivity Policy 1 Policy Statement Cripps is committed in all its activities as an employer, supplier of legal services and user of other businesses and individuals to: the elimination

More information

RESEARCH COUNCIL EQUALITY AND DIVERSITY POLICY

RESEARCH COUNCIL EQUALITY AND DIVERSITY POLICY RESEARCH COUNCIL EQUALITY AND DIVERSITY POLICY Content Policy statement 1. Principles 2. Definitions 3. Research Council commitment 4. Employee accountabilities and responsibilities 5. Recruitment 6. Training

More information

The Equality Act Guide for HR Professionals. The employment implications of the Equality Act 2010

The Equality Act Guide for HR Professionals. The employment implications of the Equality Act 2010 The Equality Act Guide for HR Professionals The employment implications of the Equality Act 2010 Background In February 2005 the Government launched a review of UK discrimination law. The main objective

More information

OVERVIEW OF THE EQUALITY ACT 2010

OVERVIEW OF THE EQUALITY ACT 2010 OVERVIEW OF THE EQUALITY ACT 2010 1. Context A new Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined,

More information

Apprenticeships for supporting teaching and learning in schools. Employee rights and responsibilities (ERR) workbook

Apprenticeships for supporting teaching and learning in schools. Employee rights and responsibilities (ERR) workbook Apprenticeships for supporting teaching and learning in schools Employee rights and responsibilities (ERR) workbook Contents Introduction 1 What are ERR? 1 Using the workbook 1 Planning ERR programmes

More information

UXBRIDGE COLLEGE EQUALITY AND DIVERSITY POLICY. Person responsible: Director of Learning and Support Services Director of Human Resources

UXBRIDGE COLLEGE EQUALITY AND DIVERSITY POLICY. Person responsible: Director of Learning and Support Services Director of Human Resources UXBRIDGE COLLEGE EQUALITY AND DIVERSITY POLICY Subject: Equality and Diversity Origination Date: September 2002 Last approved: November 2015 Effective date: November 2015 Person responsible: Director of

More information

Archwilydd Cyffredinol Cymru Auditor General for Wales. Are you concerned about wrongdoing or malpractice in the workplace?

Archwilydd Cyffredinol Cymru Auditor General for Wales. Are you concerned about wrongdoing or malpractice in the workplace? Archwilydd Cyffredinol Cymru Auditor General for Wales Are you concerned about wrongdoing or malpractice in the workplace? Are you concerned about wrongdoing or malpractice in the workplace? This leaflet

More information

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

Policy Guide & Template Whistleblowing

Policy Guide & Template Whistleblowing Policy Guide & Template Whistleblowing Created December 2002, Revised in 2008 Disclaimer: The information contained in this document is provided for information only and does not constitute advice. Neither

More information

Checklist for Respondents to Whistleblower Complaints at Monash University

Checklist for Respondents to Whistleblower Complaints at Monash University Checklist for Respondents to Whistleblower Complaints at Monash University If a complaint or disclosure is made against you, the complaint and its management by Monash University will be covered by special

More information

Equality & Diversity Policy

Equality & Diversity Policy A -01 Equality & Diversity Policy Page 1 of 11 Local Care Direct Equality & Diversity Policy A-01 Accountable person: Associate Director HR & Training Next review date: February 2015 Version: 7.1 POLICY

More information

Employment Rights and Responsibilities

Employment Rights and Responsibilities Employment Rights and Responsibilities As you work through this section, you will need to be clear about your own understanding of your occupation, the industry in which you work and the sector in which

More information

Equality, Diversity and Inclusion Policy

Equality, Diversity and Inclusion Policy Equality, Diversity and Inclusion Policy What is the purpose of this policy? We are striving to encourage equality of opportunity everyone in employment and are committed to ensuring that unlawful discrimination

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

The Equality Act 2010: employment implications for the NHS

The Equality Act 2010: employment implications for the NHS October 2010 Briefing 74 The Equality Act 2010: employment implications for the NHS The Equality Act 2010 came into effect from 1 October 2010. It will, for the first time, give the UK a single Act of

More information

religious and political discrimination: fair employment and treatment in northern ireland

religious and political discrimination: fair employment and treatment in northern ireland religious and political discrimination: fair employment and treatment in northern ireland EQUALITY HOUSE, 7-9 Shaftesbury Square Belfast BT2 7DP TEL: 028 90 500 600 FAX: 028 90 248 687 TEXTPHONE: 028 90

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

Equality and Diversity Policy. December December 2012

Equality and Diversity Policy. December December 2012 Equality and Diversity Policy Responsible SMT person Effective from (this version) Review date Vice Principal December 2011 December 2012 Main points of policy The College is committed to advancing equality

More information

Equality and Diversity Policy

Equality and Diversity Policy Policy National Examining Board for Dental Nurses Effective Date October 2014 Date Last Reviewed Scheduled Review Date October 2016 Supersedes Original Author Owned by Monitored by Equality and Diversity

More information

INTEGRATING EQUALITY AND DIVERSITY INTO PROCUREMENT GUIDANCE FOR CONTRACTORS & SUPPLIERS

INTEGRATING EQUALITY AND DIVERSITY INTO PROCUREMENT GUIDANCE FOR CONTRACTORS & SUPPLIERS INTEGRATING EQUALITY AND DIVERSITY INTO PROCUREMENT GUIDANCE FOR CONTRACTORS & SUPPLIERS Produced by: David Gomersall Procurement and Print Manager JANUARY 2010 CONTENTS Page s 1. Overview 1 2. Why include

More information

EQUALITY & DIVERSITY POLICY

EQUALITY & DIVERSITY POLICY EQUALITY & DIVERSITY POLICY Applicable to staff, students, customers and the general public using Bridgwater College from 1 October 2015 1 EQUALITY & DIVERSITY POLICY SECTION PAGE 1. Introduction 3 2.

More information

EQUALITY AND DIVERSITY

EQUALITY AND DIVERSITY 1 EQUALITY AND DIVERSITY ---------------------------------------------------------------------------------------------------------- Introduction The Equality Act 2010 replaces the previous anti-discrimination

More information

SINGLE EQUALITY POLICY

SINGLE EQUALITY POLICY SINGLE EQUALITY POLICY BUILDING FUTURES CHANGING LIVES We are committed to Equality and Diversity and to selection on merit. We welcome applications from all sections of society. Legislative Framework

More information

WHISTLEBLOWING POLICY AND PROCEDURES

WHISTLEBLOWING POLICY AND PROCEDURES 1. POLICY STATEMENT WHISTLEBLOWING POLICY AND PROCEDURES 1.1 City University expects all those covered under this Policy to behave with honesty and integrity and in accordance with its Ethics Code. It

More information

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are

More information

SUBSIDIARY LEGISLATION EQUAL TREATMENT IN EMPLOYMENT REGULATIONS

SUBSIDIARY LEGISLATION EQUAL TREATMENT IN EMPLOYMENT REGULATIONS EQUAL TREATMENT IN EMPLOYMENT [S.L.452.95 1 SUBSIDIARY LEGISLATION 452.95 EQUAL TREATMENT IN EMPLOYMENT REGULATIONS 5th November, 2004 LEGAL NOTICE 461 of 2004, as amended by Legal Notices 53 and 338 of

More information

THE EQUALITY ACT 2010

THE EQUALITY ACT 2010 THE EQUALITY ACT 2010 October 1st 2010 saw many of the provisions attained within the Equality Act, which gained Royal Assent on the 8th April 2010, come into force. The following summary has been put

More information

EQUALITY RIGHTS IN NORTHERN IRELAND

EQUALITY RIGHTS IN NORTHERN IRELAND EQUALITY RIGHTS IN NORTHERN IRELAND INTRODUCTION The CWU Equal Opportunities Department are pleased to put this Northern Ireland Equality Laws Toolkit together for the benefit of our representatives in

More information

Paradigm Housing Group Equality, Diversity and Inclusion Policy

Paradigm Housing Group Equality, Diversity and Inclusion Policy Paradigm Housing Group Equality, Diversity and Inclusion Policy March 2016 March 2016 Paradigm Housing Group Equality, Diversity and Inclusion Policy Paradigm s vision and commitment Paradigm is a business

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

The Little Book of Employment Law

The Little Book of Employment Law The Little Book of Employment Law General principles 2 I can't be sacked for being flamboyant Discrimination damages people 6 Whistleblowing 8 Recruitment 12 Employment terms 14 Family friendly rights

More information

Equality & Diversity in Employment Policy

Equality & Diversity in Employment Policy Equality & Diversity in Employment Policy Document Type Equality & Diversity in Employment Policy Author Owner (Dept) Director of Human Resources Human Resources Date of Review May 2015 Version 2 List

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

How to handle a whistleblower report A guide for employers. Best practice guidance for the UK regime

How to handle a whistleblower report A guide for employers. Best practice guidance for the UK regime How to handle a whistleblower report A guide for employers Best practice guidance for the UK regime Introduction This whitepaper provides best practice guidance for handling whistleblowing reports within

More information

EQUALITY ACT PART 1 Introduction to the Equality Act 2010

EQUALITY ACT PART 1 Introduction to the Equality Act 2010 EQUALITY ACT PART 1 Introduction to the Equality Act 2010 CONTENTS INTRODUCTION Aims of the act Key concepts New Protection Scope of the act statutory codes of practice and guidance Repeal of existing

More information

1. 1. Employment rights responsibilities. Unit 1: Principles of personal responsibilities and how to develop and evaluate own performance at work

1. 1. Employment rights responsibilities. Unit 1: Principles of personal responsibilities and how to develop and evaluate own performance at work 1. 1 and Employment rights responsibilities A successful career in public relations (PR) is underpinned by strong abilities in personal responsibility, self-evaluation and skills development. Here you

More information

Working Together. Equalities, Diversity and Inclusion Policy. August Uncontrolled Copy. Equalities, Diversity and Inclusion Policy

Working Together. Equalities, Diversity and Inclusion Policy. August Uncontrolled Copy. Equalities, Diversity and Inclusion Policy Working Together Equalities, Diversity and Inclusion Policy Equalities, Diversity and Inclusion Policy August 2011 Borders College 2/9/2011 1 Working Together 1. Introduction We are committed to the principles

More information

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

UK Employment Law. Insight. Age discrimination: A reminder. McCririck v Channel 4 Television Corporation. January 2014. By Nick Marshall, Associate

UK Employment Law. Insight. Age discrimination: A reminder. McCririck v Channel 4 Television Corporation. January 2014. By Nick Marshall, Associate January 2014 UK Employment Law Age discrimination: A reminder McCririck v Channel 4 Television Corporation By Nick Marshall, Associate The recent judgment of the Employment Tribunal in the John McCririck

More information

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Equality and Diversity Policy Author: Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Approval and Authorisation Completion of the following signature blocks signifies the review and approval

More information

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of

More information

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk Summary of the law on race discrimination www.thompsonstradeunionlaw.co.uk Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded the firm

More information

Whistleblowing Policy

Whistleblowing Policy Whistleblowing Policy Number: THCCG00XX Version: 0d6 This policy covers the right and duty of members of the CCG and CCG employees to raise any matters of concern that they may have about health issues

More information

Equality and Diversity Policy

Equality and Diversity Policy Equality and Diversity Policy Introduction 1 Our aim is to be a fair regulator, and a fair employer. Our Equality and Diversity Strategy explains more about how we are trying to meet this aim. 2 We have

More information

UK SBS Whistleblowing Policy

UK SBS Whistleblowing Policy UK SBS Whistleblowing Policy Version Date Author Owner Comments 1.0 Dec 2014 Oliver Donaldson Corporate HR Approved by Board 2.0 10/09/2015 M Wilson Corporate HR Approved by Board 3.0 21/1/2016 M Wilson

More information

Collective redundancy consultation rules

Collective redundancy consultation rules Collective redundancy consultation rules Submission to the Department for Business, Innovation and Skills Chartered Institute of Personnel and Development (CIPD) January 2012 Background 1. The CIPD is

More information

EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF. abcde

EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF. abcde EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF abcde March 2008 1 1. Introduction 1.1 Whistleblowing has been defined as: the disclosure by an employee or

More information

Equality Policy. Revised date 15 March 2014 Adopted by Board March 2014

Equality Policy. Revised date 15 March 2014 Adopted by Board March 2014 Equality Policy Revised date 15 March 2014 Adopted by Board March 2014 Reviewed by C&I Review date 15 March 2017 1 Policy Objectives 1.1 As a National Governing Body, England Netball is fully committed

More information

Equality, Diversity and Human Rights Policy

Equality, Diversity and Human Rights Policy Equality, Diversity and Human Rights Policy Approval Date approved: 04 April 2014 Date Effective from Related documents Owner (Executive Director) Author External references Date of approval Performance

More information

EQUALITY, DIVERSITY AND INCLUSION POLICY AND PROCEDURE HR01

EQUALITY, DIVERSITY AND INCLUSION POLICY AND PROCEDURE HR01 EQUALITY, DIVERSITY AND INCLUSION POLICY AND PROCEDURE HR01 Applies to: EQUALITY, DIVERSITY AND INCLUSION POLICY AND PROCEDURE Original Date of Board Approval: January 2012 Review Date: November 2014 Updated:

More information

AESP National Equality Framework for UK Organisations

AESP National Equality Framework for UK Organisations AESP National Equality Framework for UK Organisations The AESP National Equality Framework has been developed to help UK organisations identify and manage the elements and what should be included in their

More information

FAIR EMPLOYMENT STATEMENT

FAIR EMPLOYMENT STATEMENT Human Resources FAIR EMPLOYMENT STATEMENT 1. Aim... 2 2. Overarching Principles... 2 3. Rights and Responsibilities... 3 4. Definitions of Discrimination and Victimisation... 3 5. Protected Characteristics...

More information

Equality and Diversity Policy

Equality and Diversity Policy CITY AND ISLINGTON September 2014 COLLEGE Equality and Diversity Policy The policy is available online on the College website www.candi.ac.uk and at www.my.candi.ac.uk Please contact marketing@candi.ac.uk

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough

A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough For Small and Medium Sized Enterprises September 2011 DRAFT Page 1 of 8 Introduction The Royal Borough of Windsor

More information

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes)

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes) Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives

More information

Whistleblowing: A guide for actuaries

Whistleblowing: A guide for actuaries Whistleblowing: A guide for actuaries Whistleblowing: A guide for actuaries Introduction The guide At some point in their career, many actuaries may be concerned about issues they see or hear during the

More information

NB: Applicants must be informed that they will not be permitted to start if successful without two satisfactory references.

NB: Applicants must be informed that they will not be permitted to start if successful without two satisfactory references. REFERENCE REQUESTS Application of this section to Community, Voluntary and Foundation schools. The Employment Law issues raised in this document apply to all schools Advice on difficult references should

More information

Model Policy. Disability Leave. matters

Model Policy. Disability Leave. matters Model Policy Disability Leave matters Introduction Decades after the enactment of the 1995 Disability Discrimination Act and years after the Equality Act 2010 came into law, ignorance of the law pertaining

More information

WHISTLEBLOWER POLICY

WHISTLEBLOWER POLICY WHISTLEBLOWER POLICY 1. PURPOSE Brunel is committed to conducting all our business in an honest and ethical manner, having full commitment to open communications, and we expect all staff to maintain high

More information

Resource for Governors Human Resource Management

Resource for Governors Human Resource Management The HR/Employment Committee Some governing bodies have established HR or staffing committees to support them. This, however, is by no means universal and, indeed, many such committees are being disbanded

More information

The best advice before you decide on what action to take is to seek the advice of one of the specialist Whistleblowing teams.

The best advice before you decide on what action to take is to seek the advice of one of the specialist Whistleblowing teams. Whistleblowing Policy (HR Schools) 1.0 Introduction Wainscott school is committed to tackling unlawful acts including fraud, corruption, unethical conduct and malpractice regardless of who commits them,

More information

Scope: All employees. The principles apply to all workers, secondees, contractors, job applicants, customers and clients.

Scope: All employees. The principles apply to all workers, secondees, contractors, job applicants, customers and clients. Title: Equality and Diversity Policy Type: Policy Version: 2.1 Directorate : Workforce Aim: To develop and promote a culture where all individuals receive fair and equal treatment in all aspects of employment

More information

Employment law developments in 2013 and 2014 Revised March 2014

Employment law developments in 2013 and 2014 Revised March 2014 Chartered Institute of Personnel & Development Document copied from website 19:03:2014 by Gill Coffin Some hyperlinks may not work ask me to log in to get more information if required. Employment law developments

More information

WHISTLE-BLOWING POLICY

WHISTLE-BLOWING POLICY APPENDIX 1 WHISTLE-BLOWING POLICY Please be aware that this printed version of the Policy may NOT be the latest version. Staff are reminded that they should always refer to the Intranet for the latest

More information

Summary of the law on EQUAL PAY. This booklet deals with equal pay claims under the Equality Act THE LAW COMPARATORS CLAIMS DEFENCES TIME LIMITS

Summary of the law on EQUAL PAY. This booklet deals with equal pay claims under the Equality Act THE LAW COMPARATORS CLAIMS DEFENCES TIME LIMITS Summary of the law on EQUAL PAY This booklet deals with equal pay claims under the Equality Act 2010. THE LAW COMPARATORS CLAIMS DEFENCES TIME LIMITS What does the law say? The right to equal pay for equal

More information

DISCLOSURE & BARRING SERVICE (DBS) POLICY

DISCLOSURE & BARRING SERVICE (DBS) POLICY DISCLOSURE & BARRING SERVICE (DBS) POLICY Human Resources and Organisational Development Changes February 2009: Policy introduced April 2010: Styling revised in line with corporate guidelines September

More information

WHISTLEBLOWING POLICY (Protected Disclosure)

WHISTLEBLOWING POLICY (Protected Disclosure) Revised January 2014 1. Policy Statement WHISTLEBLOWING POLICY (Protected Disclosure) The Public Interest Disclosure Act 1998 (the Act ) places a legal responsibility on employers to ensure that matters

More information

Equality, Diversity and Inclusion Policy

Equality, Diversity and Inclusion Policy 1 Equality, Diversity and Inclusion Policy Owned By: Senior Management Issue Date: July 2015 This policy will be reviewed in six months 1 2 Equality, Diversity and Inclusion Policy Introduction ProCo NW

More information

WHISTLEBLOWING POLICY

WHISTLEBLOWING POLICY For internal use WHISTLEBLOWING POLICY Policy owner: Head of Risk Management Policy date: March 2013 1. PURPOSE This policy is founded upon Mission Australia s ethical statements and value principles.

More information

Speaking Up: Information for CII members about whistleblowing. Part of the CII s Ethical Culture Series

Speaking Up: Information for CII members about whistleblowing. Part of the CII s Ethical Culture Series Speaking Up: Information for CII members about whistleblowing Part of the CII s Ethical Culture Series Contents 3 Foreword 4 Introduction 5 What is whistleblowing? 5 Why whistleblowing matters 5 How whistleblowing

More information

Who can benefit from charities?

Who can benefit from charities? 1 of 8 A summary of how to avoid discrimination under the Equality Act 2010 when defining who can benefit from a charity A. About the Equality Act and the charities exemption A1. Introduction All charities

More information

INSTITUTE OF HOSPITALITY AND AWARDING BODY WHISTLEBLOWING POLICY

INSTITUTE OF HOSPITALITY AND AWARDING BODY WHISTLEBLOWING POLICY INSTITUTE OF HOSPITALITY AND AWARDING BODY WHISTLEBLOWING POLICY Version 0.2, 13.08.2014 Institute of Hospitality Trinity Court, 34 West Street, Sutton, Surrey, SM1 1SH Tel:+44(0)20 8661 4900 www.instituteofhospitality.org.uk

More information

Decision 084/2006 Mr Ian Cameron and Aberdeenshire Council

Decision 084/2006 Mr Ian Cameron and Aberdeenshire Council Huntly Nordic Ski and Outdoor Centre Reference No: 200600082 Decision Date: 30 March 2009 Kevin Dunion Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel: 01334 464610

More information

WHISTLEBLOWING POLICY

WHISTLEBLOWING POLICY LONDON BOROUGH OF MERTON WHISTLEBLOWING POLICY September 2014 1 of 13 CONTENTS Section Page 1 Policy Statement 3 2 Introduction 4 3 Purpose of the policy 4 4 Scope 4 5 What types of activity would Whistleblowing

More information

Author: Claire Howarth Tel: 01992 556670

Author: Claire Howarth Tel: 01992 556670 HERTFORDSHIRE COUNTY COUNCIL CABINET MONDAY 13 SEPTEMBER 2004 AT 2.00 P.M. Agenda Item No. 6 EMPLOYMENT POLICIES Report of the Corporate Director (People & Property) Author: Claire Howarth Tel: 01992 556670

More information

Equality Act What does it mean for LSE?

Equality Act What does it mean for LSE? Equality Act 2010 What does it mean for LSE? Table of contents Introduction...- 2 - Overview of the Equality Act 2010...- 2 - The Protected Characteristics: Key areas to consider...- 2 - Age...- 4 - Disability

More information