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In brief

In an article published in Employment Law Journal, Annabel Mackay summarises recent case law on whistleblowing and considers the potential impact of new EU legislation in this area.

Key takeaways

  • Recent cases illustrate the highly technical nature of the whistleblowing regime and some of the hurdles that whistleblowers must overcome to bring successful claims.   These include the nature of a qualifying disclosure, differences in the approaches taken to detriment and dismissal claims. and the motivations of decision-makers and others within the employer.
  • The UK regime differs from the requirements of the EU Whistleblowing Directive.  Member states must implement the directive by 17 December 2021.  Although the UK is no longer required to implement the directive, these provisions may bring the issue of whistleblowing into sharper focus and require an assessment of whether existing arrangements are fit for purpose.
  • This article was originally published in Employment Law Journal, December 2021/January 2022 #226 ( 

Click here to access the full article and guidance for employers.


Annabel Mackay is a senior associate in the Baker McKenzie Employment Department with extensive experience of advising employers and employees on a range of complex employment issues. She has been ranked in Legal 500 and Chambers & Partners since 2015. Chambers & Partners 2019 report that clients describe Annabel as: "supremely impressive and technically brilliant while also being commercially astute and incredibly bright."

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