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A number of provisions of the Enterprise and Regulatory Reform Act 2013 are in force tomorrow. This includes the requirement that a disclosure must be made “in the public interest” to protect a worker from detrimental treatment. This will narrow down the scope for employees to bring whistleblowing claims as an alternative to unfair dismissal.
Previously, as long as the information disclosed tended to show that one of the protected categories had taken place (for example a criminal offence, or danger to health and safety), the worker would gain protection.
The change means that it is unlikely that a worker who blows the whistle about breaches of their own employment contract will be protected. There will undoubtedly be arguments over what “in the public interest” means. For example, does a worker who discloses to their manager that they are being discriminated against, and fear others are too, believe there to be a public interest in disclosing this information?
As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.
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H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
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