Chambers has a rich history of winning awards in our specialist areas as well as individuals being recognised for excellence. Most recently, John Hendy QC was awarded the prestigious Lifetime Achievement Award at the UK Chambers Bar Awards 2018. Stuart Brittenden was named The Legal 500 UK Employment Junior of the Year 2018.
An update to Whistleblowing: Law and Practice (OUP) 2017, brought up to date to 14 May 2020, has been published here.
Co-authored by Jeremy Lewis, John Bowers QC, Martin Fodder and Old Square’s Jack Mitchell and at nearly 200 pages, it is comprehensive.
Important legislation analysed: including Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, with a detailed comparison of that forthcoming protection with the current law in England and Wales.
Some of the many issues addressed include:
Is there a new whistleblower tort following Rihan v Ernst & Young Global Ltd and others  EWHC 901 (QB).
Pre-employment protection considering the ET case of Bilsbrough v Berry Marketing Services Ltd Case No. 1401692/2018, 5th July 2019.
The rights of those contributing to or being associated to a disclosure following the ET case of Aston and others v Chief Constable of Greater Manchester Police Case No. 2402963/2017, 31st May 2019.
The aggregation of disclosures, following Elysium Healthcare No.2 Ltd v Ogunlami  UKEAT 0116/18/RN, 12th February 2019; Robinson v His Highness Sheikh Khalid Bin- Saqr Al Qasmi  IRLR 345 (EAT) and Choudhury P in Simpson v Cantor Fitzgerald Europe  ICR 236 (EAT).
Reasonable belief, with consideration of Bassnett v Nutriculture UK Ltd ET Case No. 2405266/2018, 23rd May 2019 ; Mr N Williams v Michelle Brown AM UKEAT/0044/19/OO, 29th October 2019 ; Simpson v Cantor Fitzgerald Europe  ICR 236 (EAT).
Knowledge of the recipient following Young v Brit College Ltd Case No. 3201701/2019, 5th August 2019 and The Office for Gas and Electricity Markets v Pytel  ICR 715 (EAT).
Public interest, building upon Chesterton, examining cases such as ABC & others v Telegraph Media Group Limited  EWCA Civ 2329,  2 All E.R. 684, Parsons v Airplus International Ltd UKEAT/0111/17/JOJ, 13th October 2017 ; Malik v Cenkos Securities Plc UKEAT/0100/17/RN, 17th January 2018 and Ibrahim v HCA International Ltd UKEAT/0105/18/BA, 13th September 2018;  EWCA Civ 2007,  IRLR 224 (CA).
Section 43G and separability following Jesudason v Alder Hey Children’s NHS Foundation Trust UKEAT/0248/16/LA, 29th June 2018;  EWCA Civ 73.
Workers following Uber B.V. and others v Aslam and others  IRLR 257 (CA) building upon McTigue and Day, but also the wider implications from Gilham v Ministry of Justice  UKSC 44;  1 WLR 5905 reversing  EWCA Civ 2220,  ICR 827 and the application of Convention Rights more broadly for whistleblower.
Territorial reach following British Council v Jeffery; Green v SIG Trading Ltd  EWCA Civ 2253,  ICR 929 (CA).
Claims against co-workers, building upon Oispov including Bamieh v (1) Eulex Kosovo (2) Foreign & Commonwealth Office (3) Mr G Meucci (5) Ms C Fearon (6) Mr J Ratel UKEAT/0268/16/RN, 19th January 2018 and Jeffery v British Council  ICR 929 (CA).
The implications of an investigation into whistleblower’s concerns following Quarm v Commissioner of Police of The Metropolis UKEAT 0200/18/LA, 22nd May 2019.
The full analysis of tainted information and manipulation with the reach of Royal Mail Group Ltd v Jhuti  UKSC 55 fully considered, including how tainted information was applied in Chumber v Hestia Healthcare Limited UKEAT/0229/18/LA, 22nd February 2019 (before the Supreme Court’s judgment) and in Cadent Gas Ltd v Singh  IRLR 86 (EAT) and Uddin v London Borough Of Ealing  UKEAT 0165/0165/19/RN (both decided after the Supreme Court).
Interim relief is brought up to date including consideration of Hancock v Ter-Berg & Anor  UKEAT 0138_19_2507 (25th July 2019) and Sheikh Khalid Bin Saqr Al Qasimi v Robinson  IRLR 345.
Non-disclosure, and non-disparaging agreements are considered, including the balance between confidentiality and public interest following Saab v Dangate Consulting Ltd and others  PNLR 29, Pharmagona v Taheri and Mohammadi  EWHC 312 (QB) and Pertemps Medical Group Ltd v Ladak  EWHC 163 (QB).
Remedies following Gibson v (1) Hounslow LBC and (2) Crane Park Primary School UKEAT/0033/18/BA.