‘Whistleblowing': UK And European Developments

A recent UK Court of Appeal decision provides an opportunity for a quick update on European whistleblowing.

The UK case – the public interest requirement

UK law protects employees who blow the whistle. The protection is against detriment suffered as a result of the disclosure. As damages are unlimited the cost to the employer can be significant. Protection is given when:

• information is disclosed correctly which the worker reasonably believes is true;
• the disclosure is 'in the public interest'; and
• the information concerns one or more of the following:
• • a criminal offence;
  • breach of any legal obligation;
  • a miscarriage of justice;
  • danger to the health and safety of someone;