Download or read book Nhs Whistleblowing and the Law written by Joseph England and published by . This book was released on 2019-04-25 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowing claims are some of the most complex and technical cases that can be pursued. This book provides a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents across a wide range of areas. Such claims are increasingly common, can be brought by workers and employees and do not require a specific length of service. A thorough understanding of the legal framework, as provided in this new publication, is essential. This publication explains the various legislative requirements to whistleblowing, covering topics including: who can be a whistleblower within the legal definition; when raising a concern is elevated to be a protected disclosure; the law relating to detriments and dismissal if caused by a protected disclosure; what remedies are available practical points about the procedure of claims. The book provides an in-depth practical guide to the law and a very useful reference tool for practitioners on both sides of a dispute, as well as assisting litigants acting without a lawyer to comprehend the law in this complex area. ABOUT THE AUTHOR Joseph England is a Barrister at 3 Paper Buildings and a specialist Employment practitioner. His busy practice has ensured he has in-depth experience of a wide variety of areas and types of claim, including significant expertise in whistleblowing cases both within and outside of the NHS. Of note, he acted as junior for the successful Claimant who was awarded £1.22mil in Mattu v University Hospitals Coventry & Warwickshire NHS Trust (ET, 1302226/11, 1303494/12) and in the successful appeal in McTigue v University Hospital Bristol NHS Foundation Trust ([2016] IRLR 742), which considered the scope of protection for whistleblowers, leading to a wider definition of those who could claim protection. He has also acted for various respondents in whistleblowing cases, including NHS Trusts and Health Boards, Education Institutions and a wide variety of businesses. Further details and examples of cases can be found on his chambers' website. His success and evident abilities have led clients to trust Joseph with very complex cases. Joseph's practice benefits from representing and advising both sides of employment disputes and he has been instructed in cases at the Court of Appeal, EAT and at a wide range of final and preliminary hearings in tribunal and court. He regularly delivers training covering areas from nuanced and niche points of law to basics of the Tribunal procedure and mock tribunals. He has been published in the ELA Briefing, on Westlaw and provides updates through Chambers and on Twitter @JEnglandCounsel.
Download or read book Whistleblowing written by John Bowers QC and published by OUP Oxford. This book was released on 2012-03-08 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed survey of the law relating to public interest disclosure. It examines how the new system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes. Since the publication of the first edition, there have been substantial developments in the area, including those regarding whether a disclosure tends to show a Public Interest Disclosure, the burden of proof, remedies, and alternative dispute resolution. This new edition also covers the employment tribunals' new powers to pass PIDA claims to the appropriate regulator, where the claimant consents, and provides extensive coverage of a number of important decisions emerging from the Court of Appeal and the Employment Appeal Tribunal, including Babula v Waltham Forest College, Ezsias v North Glamorgan NHS Trust and Fecitt and others v NHS Manchester. Written by an author team with extensive experience in the area, and making use of checklists and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.
Download or read book Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2004-09-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the Enron implosion and the subsequent revelations of numerous cases of corporate misconduct, sweeping legislation was enacted to reform the system of corporate financial oversight and to ensure protection for employees and investors. The Sarbanes-Oxley Act, signed into law by President George W. Bush on July 20, 2002, is a landmark in policymaking, business law, and social activism. Whisteblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers—those who dare to come forward with evidence of wrongdoing. Written by the leading experts in the field and drawing on their extensive experience in advising law-makers, arguing cases, and training professionals, Whisteblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; labor leaders and human resource advocates; and potential whistleblower alike. The authors point out that the impact of Sarbanes-Oxley and related reforms in law and policy will have a profound effect on the corporate and legal communities. For example, the law mandates for the first time that all publicly traded companies establish formal whistleblowing programs and that corporate attorneys must divulge information that would implicate their clients in criminal acts, effectively becoming whistleblowers themselves.
Download or read book Rules for Whistleblowers written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2023-06-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing in Rules for Whistleblowers, Stephen Martin Kohn’s seventh book on whistleblowing. This book is a fully updated and expanded revision of The Whistleblower’s Handbook,the first-ever comprehensive consumer guide to exposing workplace wrongdoing. Kohn’s thirty-seven rules highlight the “traps” facing whistleblowers today and address how to file anonymous cases and qualify for multi-million-dollar rewards. Kohn carefully explains complex rules and laws governing whistleblowing including the Dodd-Frank, IRS, and False Claims Acts, as well as detailed strategies for fighting retaliation. He also covers controversial issues such as taping, removing documents, and ignoring nondisclosure agreements. Modernized laws have revolutionized the rights of employees both in the United States and internationally, enabling whistleblowers to be paid over $10 billion in rewards for doing the right thing. No employee should blow the whistle without knowing their rights. Too much is at stake.
Download or read book Concepts and Procedures in Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2000-10-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style. Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
Download or read book The Whistleblowing Guide written by Kate Kenny and published by John Wiley & Sons. This book was released on 2019-06-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choose the best speak-up arrangements for your organisation The last five years have seen dramatic and fundamental changes in whistleblower procedures for organisations. Prompted by a spate of important public disclosures, organizations are now mandated by law to implement effective arrangements enabling employees to speak up about perceived wrongdoing. Currently few resources exist to help with this. To help fill the gap, The Whistleblowing Guide examines the opportunities and challenges associated with different types of whistleblowing and speak-up arrangements, making recommendations based on best practices you can trust. Identifies the major organisational, structural and cultural obstacles to speaking up through speak-up arrangements Proposes effective whistleblowing and speak-up arrangements Explains the specific policy and legislation requirements that can promote or impede the effective implementation of speak-up arrangements, and how these can be translated into commercial and public organizations across sectors and cultures Makes a clear distinction between internal and external reporting arrangements The Whistleblowing Guide offers conceptual clarification about these key issues, including a focus on internal and external speak-up procedures, organisational response and communication, impartiality and trust.
Download or read book Whistleblowing at Work written by David Lewis and published by A&C Black. This book was released on 2001-08-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book takes a look at whistleblowing at work taking a group of key occupation -- including the Health Service, Local Government, Accountancy and Education -- and from different points of view, including those of the employer, the trade unions and the employed. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book is invaluable to those concerned with employment, personnel, and human resource management; and to all those working in whistleblowing territory.
Download or read book The Successes and Failures of Whistleblower Laws written by Robert G. Vaughn and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.
Download or read book The New Whistleblower s Handbook written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2017-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.
Download or read book Whistle in the Wind written by Peter Duffy and published by . This book was released on 2019-07-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a shocking indictment of NHS standards, cover-ups and legal dirty tricks, Peter Duffy, consultant surgeon writes of his 35 years of experience on the front-line of the NHS. Charting his career pathway from auxiliary nurse and unskilled operating theatre orderly, he takes us through his progress to senior consultant surgeon and head of department. In 2015, and after blowing the whistle on a series of near misses, he reluctantly reported an avoidable death, cover-up and ongoing surgical risk-taking to the Care Quality Commission. Within months he was out of work and unemployed. Via avoidable deaths and errors, cover-ups, misuse of public funds, bullying, abuse and victimisation the author charts out in searing detail his demotion, punishments and exile from both family and NHS and the subsequent brutal legal process that followed his illegal dismissal. "Peter's love for his family and for what he does as a surgeon runs through the pages of this gripping book as he takes you on a journey to some of the darker areas of our NHS and legal system. As a society we need to face up to the appalling reality of what the NHS does to staff that speak up and how much public money it wastes fighting people that act in the public interest. Even a committed, award winning surgeon who transformed cancer services was not immune from attempts by the NHS to destroy him when he decided to stand up for patients and services. This is everyone's problem." Dr Chris Day, junior doctor and whistle-blower. "As a fellow whistleblower in the same NHS Trust I recommend that everybody should read Peter's account. This is an incredibly important and unmissable portrayal of how toxic NHS management culture is harming patients and destroying the careers and lives of dedicated healthcare professionals. His bravery, dedication to his patients and commitment to exposing the truth is commendable. Read his book to learn the truth as to what is happening every day in NHS Trusts across the UK."Sue Allison, Morecambe Bay whistle-blower. "Peter's book has opened our eyes to a series of injustices that has not only destroyed his family life but revealed appalling wrong doings within the NHS. Our father was sadly a victim in a dysfunctional urological surgery department, where Peter was trying to make a difference against the odds. Our sincerest gratitude goes to a person who has tirelessly fought with passion, dignity and sheer determination against an organisation that wish to silence the honesty of a whistle-blower. "Karen and Nicola Read, daughters of 'Patient A'
Download or read book Whistleblowing written by Daniel P. Westman and published by . This book was released on 1991 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Whistleblower s Handbook written by Stephen Martin Kohn and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains nearly all federal and state laws regarding whistleblowing and presents thirty must-follow rules for whistleblowers.
Download or read book Adversarial Private Security and Whistle Blowing Within the Nhs written by Richard Hayes and published by Authors Online. This book was released on 2014-04 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leave your ideology and delusion at the door and step inside the real world of the titanic, soul destroying struggle of the Whistle - blower within the dark depths of the NHS, the David against Goliath of all battles that will either make or break you but nothing in between. If you dare to dare by standing strong for what you believe to be right then be prepared to have the whole armoury employed against you in the name of desperate NHS cover up. Be prepared to be, in the eyes of everybody from your Employer through to the Employment Tribunals Service, viewed as nothing other than a threat to the status quo to be stopped at all costs. Be prepared, above all else, to have your belief in the system and justice extirpated as you struggle, potentially, as I did, alone and devoid of legal representation, to break down the door of truth to an institution that has a lot to hide
Download or read book Committing to Effective Whistleblower Protection written by OECD and published by OECD Publishing. This book was released on 2016-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.
Download or read book International Handbook on Whistleblowing Research written by A J Brown and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: øFeaturing contributions from scholars and policy practitioners in a number of diverse fields _ including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branche
Download or read book NHS Dirty Secrets written by John England and published by . This book was released on 2020-01-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The National Health Service * The NHS employs liars, bullies, thieves, fraudsters, murderers, and sex pests. * Managers and Directors are driven by the need to achieve targets, at the expense of clinical outcomes. * Any issue that could make NHS officials or the government of the day look incompetent is classed as a vote loser, so it is screened from the press and from public scrutiny - until it reaches the stage where the protective bubble of the cover-up culture is pierced, and the issue becomes public knowledge. Only then are official expressions of "fixing" made which, usually, do not cure the problem, but simply envelope it with a veneer of promises to make improvements. Synopsis Anyone who wants to learn about the true nature of the NHS should read this book. Written from the perspective of a front-line NHS employee, NHS Dirty Secrets describes how the NHS cover-up culture is a risk to patient safety, and how employment and promotion practices are skewed in favour of those most likely to support the NHS cover-up culture. The NHS cover-up culture, itself, is decomposed and analysed, with examples given as to the methods used to support the hiding of information from public scrutiny. Everyone can learn something from NHS Dirty Secrets, both NHS employees and the general public alike.
Download or read book Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry written by Mid Staffordshire NHS Foundation Trust Public Inquiry and published by The Stationery Office. This book was released on 2013-02-06 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This public inquiry report into serious failings in healthcare that took place at the Mid Staffordshire NHS Foundation Trust builds on the first independent report published in February 2010 (ISBN 9780102964394). It further examines the suffering of patients caused by failures by the Trust: there was a failure to listen to its patients and staff or ensure correction of deficiencies. There was also a failure to tackle the insidious negative culture involving poor standards and a disengagement from managerial and leadership responsibilities. These failures are in part a consequence of allowing a focus on reaching national access targets, achieving financial balance and seeking foundation trust status at the cost of delivering acceptable care standards. Further, the checks and balances that operate within the NHS system should have prevented the serious systemic failure that developed at Mid Staffs. The system failed in its primary duty to protect patients and maintain confidence in the healthcare system. This report identifies numerous warning signs that could and should have alerted the system to problems developing at the Trust. It also sets out 290 recommendations grouped around: (i) putting the patient first; (ii) developing a set of fundamental standards, easily understood and accepted by patients; (iii) providing professionally endorsed and evidence-based means of compliance of standards that are understood and adopted by staff; (iv) ensuring openness, transparency and candour throughout system; (v) policing of these standards by the healthcare regulator; (vi) making all those who provide care for patients , properly accountable; (vii) enhancing recruitment, education, training and support of all key contributors to the provision of healthcare; (viii) developing and sharing ever improving means of measuring and understanding the performance of individual professionals, teams, units and provider organisations for the patients, the public, and other stakeholders.
