Whistleblowing: Law and Practice, by JeremyLewis, JohnBowers QC, MartinFodder, and JackMitchell. Oxford University Press, Oxford, 2017, 832 pp., ISBN: 978‐0198788034, £175.00, hardback.
| Author | John Hogan,Louise Chalkley |
| Published date | 01 December 2018 |
| DOI | http://doi.org/10.1111/bjir.12306 |
| Date | 01 December 2018 |
886 British Journal of Industrial Relations
Whistleblowing: Law and Practice, by JeremyLewis, JohnBowers QC, MartinFodder,
and JackMitchell. Oxford University Press, Oxford, 2017, 832 pp., ISBN: 978-
0198788034, £175.00, hardback.
A copy of this Third Edition of Whistleblowing: Law and Practice is essential reading
for all employment lawyers and arguably a necessary reference book for anyone who
has an interest in employment law, not least trade union ocials and representatives,
as well as human resource management professionals. Indeed, in this age when the
reputation of institutions and employers is increasinglyunder scrutiny, those who (by
virtue of raising concerns) may fall foul of an organization’s wrath,might also benefit
from having it to hand.
The book first and foremost explains how to ‘qualify’ as a ‘whistleblower’ and the
subsequent protection aorded by the Public Interest Disclosure Act (PIDA) of 1998.
PIDA oers protection to workers by incorporating sections into the Employment
Rights Act 1996 (ERA), and the book is structured as PIDA relates to this Act. The
structure of PIDA is also described and explained — but perhapsmost importantly a
number of major reforms to PIDAby the Enterprise and Regulatory ReformAct 2013
(ERRA) are clarified.
Also,it makes an important contribution to employment law; not least because cases
relating to whistleblowing aredemonstrably on the increase. As amply demonstrated,
the embedded power relations of ‘the organization’ mean whistleblowers are seldom
viewed in a positive light. Indeed, the whistleblower is penalized for raising significant
concerns, viewed as a troublemaker, and ostracized in both implicit and explicit
ways. As this volume explains, very few organizations have an enlightened approach
to whistleblowing. Instead, the dominant approach is ‘deny, delay and destroy’.
But it is the organizations with an aversion to accountability and transparency
that are those from which the employee ‘raising concerns’ will need the most legal
protection.
Often, the whistlebloweris subjected to grossly detrimental treatment and may well
have a justified fear of reprisal in coming forward. Academic research has highlighted
reprisals, meaning the plight of the whistleblower is frequently psychologicallyintense,
and there is a very real human cost to ‘putting one’s head above the parapet’ in order
to raise a concern. Yet,what is made very clear in the book is, ‘raising concerns’ while
in all likelihood attractingdetrimental treatment, does not necessarily qualify a worker
for legal protection under PIDA.
This book can also be viewed as a stark warning. In reviewing recent reforms,
the authors make it clear that being legally protected under PIDA is not as
straightforward as it might at first glance appear. For example, as explained,
several tests must be applied to establish if the ‘concerns raised’ are a ‘qualifying
disclosure’ and information must qualify as a disclosure forit to become a ‘protected
disclosure’. So, the first question is, does the disclosure attract PIDA protection
for the worker making it? Chapter 3 presents a comprehensive explanation for
‘protectableinformation’ by presenting these qualifying tests.Asking, is the ‘disclosure
of information’ (at its most fundamental level), ‘information’? Is there ‘reasonable
belief’ the information tends to show a relevant failure? Furthermore, the ‘six
categories of disclosure’ examine if a ‘qualifying disclosure’ can be a ‘protected
disclosure’. Finally, ‘criminal disclosure’ and ‘legal professional privilege’ are
covered.
C
2018 John Wiley& Sons Ltd.
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