Protected Disclosure in UK Law
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Kuzel v Roche Products Ltd
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Unfair dismissal and discrimination on specific prohibited grounds are, however, different causes of action. The statutory structure of the unfair dismissal legislation is so different from that of the discrimination legislation that an attempt at cross fertilisation or legal transplants runs a risk of complicating rather than clarifying the legal concepts.
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Attorney General v Guardian Newspapers Ltd and Others (No. 2)
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I start with the broad general principle (which I do not intend in any way to be definitive) that a duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others.
It is that, although the basis of the law's protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure.
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Minter v Priest
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If therefore the phrase is expanded to professional communications passing for the purpose of getting or giving professional advice, and it is understood that the profession is the legal profession the nature of the protection is I think correctly defined.
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Balabel v Air India
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Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.
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Norwich Pharmacal Company v Commissioners of Customs and Excise
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They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.
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Karen Kilraine v London Borough of Wandsworth
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In order for a statement or disclosure to be a qualifying disclosure according to this language, it has to have a sufficient factual content and specificity such as is capable of tending to show one of the matters listed in subsection (1). The statements in the solicitors' letter in Cavendish Munro did not meet that standard.
- The Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) Regulations 2018
- The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018
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Investigatory Powers Act 2016
...... of the Wireless Telegraphy Act 2006 (offence of interception or disclosure of messages) ,(iv) in sections 1 to 3A of the Computer Misuse Act 1990 ... the person to whom it is addressed to carry out the selection of protected material obtained under a bulk equipment interference warrant for ......
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Enterprise and Regulatory Reform Act 2013
......2014/253, art. 3(d) . ACAS . 10: ACAS: prohibition on disclosure of information . In Part 6 of the Trade Union and Labour Relations ...16 in force at 6.4.2014 by S.I. 2014/253, art. 3(e) . Protected disclosures . 17: Disclosures not protected unless believed to be made in ......
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Trappist orders: two tribunal decisions concerning the definition of a 'protected disclosure' have made life more difficult for those contemplating such an act in the public interest.
...The Public Interest Disclosure Act 1998 (Pida) amends the Employment Rights Act 1996 to safeguard a worker from dismissal if he makes a "protected disclosure". This must be made in good faith and concern information that in his reasonable belief show......
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Court of appeal ruling on discovery in civil litigation of regulatory information protected from disclosure by section 348 FSMA
Purpose: This paper aims to report and comment on the Court of Appeal ruling on Real Estate Opportunities Ltd v. Aberdeen Asset Managers Jersey Ltd and others. Design/methodology/approach: The pap...
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Whistle-blowing and the equality dimension of victimisation in the workplace
A considerable amount of attention has been given to the general law of victimisation under the Equality Act 20101 but scant consideration has been given to the equality aspect of victimisation rel.........Most workers in the public, private and voluntary sectors are protected from victimisation by making a protected disclosu re under the Public rest Disclosure Act 1998. However, only qualifying disclosures (defined below) are ......
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Semantic Disclosure Control: semantics meets data privacy
Purpose: To overcome the limitations of purely statistical approaches to data protection, the purpose of this paper is to propose Semantic Disclosure Control (SeDC): an inherently semantic privacy .........As a result, current solutions present limitations both in preventingdisclosure risks and in preserving the semantics (utility) of the protected data.Practical implications –SeDC captures more general, realistic and intuitive notions of privacy and informationdisclosure than purely ......
- Whistleblowing: Senior Medic Dismissed For Making Protected Disclosure
- Whistleblowing Update: Can A Complaint Of Defamation Amount To A Protected Disclosure?
- Dismissal For Criticising Colleague In Relation To Protected Disclosure Was Not Automatically Unfair
- Dismissal For Criticising Colleague In Relation To Protected Disclosure Was Not Automatically Unfair
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Make a claim with others to an employment tribunal
Includes the refund form for claimants.......Page 8. 10 Information to regulators in protected disclosure cases. 10.1 If your claim consists of, or includes, a claim ......
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T420)
Includes the refund form for claimants.......• being dismissed for making a protected disclosure. Page 8. Interim relief. If you believe you have been unfairly ......
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T423)
Includes the refund form for claimants.......Public Interest Disclosure claims. Where a claim consists of, or includes, a claim that the claimant has made a protected. disclosure under the Employment Rights Act 1996 (otherwise known as ......
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T422)
Includes the refund form for claimants.......Public Interest Disclosure claims. Where a claim consists of, or includes, a claim that the claimant has made a protected. disclosure under the Employment Rights Act 1996 (otherwise known as ......