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Latest News

Court of Appeal makes motive paramount in whistleblowing cases

by Personnel Today 23 Jul 2004
by Personnel Today 23 Jul 2004

For
a person to be protected by whistleblowing legislation, disclosures must be
made in "good faith" with the main motive of the person disclosing
information being "to remedy the wrong that has occurred", according
to the Court of Appeal.

In
the case of Street v Derbyshire Unemployed Workers’ Centre the court said that
whistleblowers often have mixed motives, and it is only when the "dominant
or predominant motive for making [the disclosure] was for some ulterior
motive" that the disclosure ceases to be in good faith.

The
Public Interest Disclosure Act covers people at work raising genuine concerns
about crime, civil offences, miscarriage of justice, danger to health and
safety or the environment and the cover up of any of these. It applies whether
or not the information is confidential and extends to malpractice occurring
overseas.

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For
more information on whistleblowing rights, go to http://www.pcaw.co.uk

By Michael Millar

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

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Personnel Today
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