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Whistleblowers seek protection

Wednesday 2 November 2011

The Government is under increasing pressure to change the whistle blowing legislation to cover reprisals from fellow workers.

Nazia Aftab, solicitor in Endeavour’s employment law team, explains that as the law stands, whistleblowers are protected from victimisation from their employers, but they are not protected from victimisation and reprisals from their fellow workers, unless the victimisation consists of a campaign of harassment.

Nazia comments:  “In a recent case, three nurses who claimed that they were bullied and victimised by colleagues after reporting that a fellow colleague did not have the requisite qualifications failed in their whistleblowing cases.  Lord Justice Elias, one of the most senior judges said that Parliament has chosen to protect whistleblowers from the acts and omissions of the employer, but it is striking that no obligation is imposed on other workers not to take action against whistleblowers in these circumstances.”

Nazia continues: “It is interesting that the issue has not cropped up until now so it may be the case that Parliament seeks to amend the legislation to include protection for whistleblowers against reprisals from fellow workers.”

For further information, email Nazia at n.aftab@endeavourpartnership.com


 

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