Lewis, Bowers, Fodder and Mitchell, Whistleblowing: Law and Practice

Abstract

The first two editions established this work as the definitive source for both practitioners and academics, so expectations were very high for the third one. In this reviewer’s opinion, the authors are to be congratulated for presenting another definitive and broadly based book on this complicated and fast-moving topic. Much has happened in the field since the previous edition in 2012, and this is all carefully documented in the text. In order to illustrate the enormity of the task faced by the authors, some of the developments will be summarised. First, there have been important amendments to Part IVA Employment Rights Act 1996 (ERA 1996). In addition to the replacement of good faith by a public interest test to determine what a qualifying disclosure is, section 47B ERA 1996 introduces detailed provisions on both vicarious and personal liability for subjecting a person who makes a protected disclosure to a detriment. Perhaps less significant are the changes requiring prescribed persons to produce an annual report on disclosures made to them (section 43FA ERA 1996) and giving the Secretary of State the power to make regulations prohibiting NHS employers from discriminating against applicants ‘because it appears’ that they have made a protected disclosure (section 49B ERA 1996). Inevitably, this move to sectoral rather than national protection has been widely criticised.