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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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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Attorney General v Guardian Newspapers Ltd and Others (No. 2)
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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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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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Minter v Priest
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I think it is best expressed in two phrases used in the Court of Appeal in the leading case of O'Shea v. Wood, 1891, P. 286. Lindley L.J., at p. 289, adopts the language of Cotton L.J. in Gardner v. Irvin, 4 Ex. D. 49 (1879), "professional communications of a confidential character for the purpose of getting legal advice."
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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.
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Babula v Waltham Forest College
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An Employment Tribunal hearing a claim for automatic unfair dismissal has to make three key findings. The first is whether or not the employee believes that the information he is disclosing meets the criteria set out in one or more of the subsections in ERA 1996, section 43B(1)(a) to (f). The second is to decide, objectively, whether or not that belief is reasonable. The third is to decide whether or not the disclosure is made in good faith.
- 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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Energy Act 2016
...... Act 1998 to Northern Ireland; to make provision about the disclosure of information for the purposes of international agreements; to make ... . (2) In this section—. . . (a) references to “protected material” are references to information or samples acquired by the ......
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Revenue Scotland and Tax Powers Act 2014
...... Protected taxpayer information Protected taxpayer information . S-14 . Protected ... must not disclose protected taxpayer information unless the disclosure is permitted by subsection (3). . (2) In this section and section 16 ......
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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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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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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.........The term whistle-blowing relates to workers making certain disclosures of information relating to their employer’s activities in the public ...Most workers in the public, private and voluntary sectors are protected from victimisation by making a protected disclosu re under the Public ......
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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 ......
- 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
- Dismissal For Questioning A Colleague's Competence In Connection With A Protected Disclosure Was Not Automatically Unfair
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Can a complaint about defamation be a protected disclosure for the purpose of a whistleblowing claim?
The law - The Public Interest Disclosure Act 1998 came into force on 2 July 1999, inserting sections 43A to 43L and 103A into the Employment Rights Act 1996 and providing protection for workers ...
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Chapter IDG30250
.... . . All disclosures of HMRC information must be lawful in accordance with the provisions of ...The Act provides that you must not disclose any ‘protected information’ regarding trans-gender customers to a third party unless ......
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Chapter INTM422070
......, in the course of reaching agreement on bilateral APAs—is also protected from disclosure by the terms of the Exchange of Information Article in the ......
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Chapter NMWM16510
...... Is verifying information that someone already holds a disclosure. Although someone may already hold information, if they ask HM Revenue & ... & Customs is still making a disclosure of information that is protected by HM Revenue & Customs duty of confidentiality. This means you should not ......
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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 ......