Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?

2017 ◽  
Vol 59 (6) ◽  
pp. 1126-1142 ◽  
Author(s):  
David Balaban Lewis
Keyword(s):  
Design Methodology ◽  
Management Practices ◽  
Case Law ◽  
Council Of Europe ◽  
Content Type ◽  
The Public ◽  
Fit For Purpose ◽  
Legislative Reforms ◽  
The Uk ◽  
Practical Implications

Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere. Design/methodology/approach This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research. Findings The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing. Research limitations/implications The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally. Practical implications It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices. Social implications If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech. Originality/value This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.

scholarly journals Liability of employers for third party harassment in the UK

2020 ◽  
Vol 63 (1) ◽  
pp. 147-156
Author(s):  
Sam Middlemiss
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Research Study ◽  
Case Law ◽  
Third Party ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

Dilapidations in the UK – diminution valuations

2015 ◽  
Vol 33 (3) ◽  
pp. 282-290
Author(s):  
David Gilbert
Keyword(s):  
Professional Practice ◽  
Design Methodology ◽  
Market Value ◽  
Case Law ◽  
Fundamental Principle ◽  
Thought Process ◽  
Content Type ◽  
The Uk ◽  
Professional Guidance ◽  
Practical Implications

Purpose – The purpose of this paper is to look at the practical considerations of valuations undertaken in the UK at the end of leases when the landlord and the tenant are negotiating on the dilapidations claim. Design/methodology/approach – The paper is a review of current professional practice and highlights the salient issues to consider when looking at dilapidation claims. Findings – The paper considers a fundamental principle of dilapidations. That is, how much has the market value of the landlord’s interest diminished at the end of the lease by reason of the disrepair. Research limitations/implications – The paper is based on the interpretation of current statute and case law. Diminution valuations are hotly contested and there is currently little professional guidance available to practitioners. Practical implications – The paper guides landlords, tenants, building surveyors and their valuers on the thought process and practical approach to be adopted in assessing loss in dilapidations cases where the underlying assessment will be carried out on the basis of diminution in value. Originality/value – There is very little written on the practical implications of diminution valuations when assessing dilapidation claims. This paper addresses that shortcoming.

In the shadow of the dark twin – proving criminality in money laundering cases

2016 ◽  
Vol 19 (4) ◽  
pp. 447-458 ◽  
Author(s):  
Kenneth Murray
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Money Laundering ◽  
Design Methodology ◽  
Content Type ◽  
Fit For Purpose ◽  
Proceeds Of Crime ◽  
Uk Supreme Court ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to highlight the persistent influence of the concept of “predicate offence” in respect of how the crime of money laundering is conceived and discussed, and to discuss how this inhibits the ability to prosecute the crime even where, as is the case in the UK, “predicate offence” is not a requirement of the relevant legislation. Design/methodology/approach Discussion of a recent UK Supreme Court judgment, R v GH, in particular, how the import of it appears to contrast with perceptions offered by the experience of two recent money laundering convictions on Scotland, where no evidence was led on establishing the money was criminal before the criminal act was libelled as money laundering. Design of modern money laundering schemes are illustrated and assessed in terms of how they can be prosecuted in the context of prevailing interpretations of the law. Findings The effectiveness of the UK money laundering offences as set out in the Proceeds of Crime Act of 2002 requires revaluation. Clarification is required in respect of how criminality in such cases can be proved. Consideration should be given to introducing new legislation targeted at the transmission of money or value under the cover of false documentation. Research limitations/implications Clarification is required on how the concept of “irresistible inference” as established by R v Anwoir can be applied to money laundering cases in light of the R v GH judgement of the UK Supreme Court. Practical implications Upgrade of law enforcement knowledge base and investigation skills is required to prosecute existing money laundering offences more effectively, but the lack of clarity as to what will suffice as proof of criminality serves to inhibit the investigation of these crimes as well as their prosecution. Social implications Protection of democracies, democratic institutions and the communities they serve from the corrupting influence of laundered criminal money through more effective prosecution of money laundering offences. Originality/value To encourage discussion on whether the relevant legislation remains fit for purpose and what practical measures can be taken to improve it.

Wine sales in British public houses

2010 ◽  
Vol 22 (1) ◽  
pp. 62-72 ◽  
Author(s):  
John D. Pratten ◽  
Jean‐Baptiste Carlier
Keyword(s):  
Quality Of Service ◽  
Design Methodology ◽  
Primary Sources ◽  
Quality Service ◽  
Content Type ◽  
The Public ◽  
Wine Consumption ◽  
The Uk ◽  
Practical Implications

PurposeThe purpose of this paper is to examine the changes in wine consumption in UK public houses, and to consider if the sector is maximising its sales opportunities.Design/methodology/approachThis study has used both secondary and primary sources. Existing surveys have been used to gain details of the growth in wine sales and possible explanations for this. The trade press has suggested how licensees could improve their wine sales. Suppliers have been approached to discover to the level of assistance they offer individual outlets. Finally, surveys of the public houses and their customers were undertaken to discover the proficiency of their wine service.FindingsThe level of wine sales in the UK is growing rapidly. Much of this is consumed at home, but public houses could benefit from the trend. Some have done so, but the surveys suggest that many do not market the product effectively.Research limitations/implicationsThe study is a very limited one, and only considers one town, one area of another town and their customers.Practical implicationsThe results of the survey suggest that all licensees could consider the possibility of improving sales by offering a higher quality service to their customers.Originality/valueAny research which may assist the quality of service offered in the licensed trade should be of interest to all stakeholders.

scholarly journals Advantages and potential challenges of data management in e-maintenance

2019 ◽  
Vol 25 (3) ◽  
pp. 378-396 ◽  
Author(s):  
Arian Razmi-Farooji ◽  
Hanna Kropsu-Vehkaperä ◽  
Janne Härkönen ◽  
Harri Haapasalo
Keyword(s):  
Data Management ◽  
Design Methodology ◽  
Management Practices ◽  
Future Research ◽  
Conceptual Approach ◽  
Content Type ◽  
Different Types ◽  
Maintenance Systems ◽  
Industry Leader ◽  
Practical Implications

Purpose The purpose of this paper is twofold: first, to understand data management challenges in e-maintenance systems from a holistically viewpoint through summarizing the earlier scattered research in the field, and second, to present a conceptual approach for addressing these challenges in practice. Design/methodology/approach The study is realized as a combination of a literature review and by the means of analyzing the practices on an industry leader in manufacturing and maintenance services. Findings This research provides a general understanding over data management challenges in e-maintenance and summarizes their associated proposed solutions. In addition, this paper lists and exemplifies different types and sources of data which can be collected in e-maintenance, across different organizational levels. Analyzing the data management practices of an e-maintenance industry leader provides a conceptual approach to address identified challenges in practice. Research limitations/implications Since this paper is based on studying the practices of a single company, it might be limited to generalize the results. Future research topics can focus on each of mentioned data management challenges and also validate the applicability of presented model in other companies and industries. Practical implications Understanding the e-maintenance-related challenges helps maintenance managers and other involved stakeholders in e-maintenance systems to better solve the challenges. Originality/value The so-far literature on e-maintenance has been studied with narrow focus to data and data management in e-maintenance appears as one of the less studied topics in the literature. This research paper contributes to e-maintenance by highlighting the deficiencies of the discussion surrounding the perspectives of data management in e-maintenance by studying all common data management challenges and listing different types of data which need to be acquired in e-maintenance systems.

Autonomous vehicles: a review of the ethical, social and economic implications of the AI revolution

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shweta Banerjee
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Design Methodology ◽  
Technological Advancement ◽  
Economic Implications ◽  
Content Type ◽  
The Public ◽  
Autonomous Cars ◽  
The Subject ◽  
Practical Implications

PurposeThere are ethical, legal, social and economic arguments surrounding the subject of autonomous vehicles. This paper aims to discuss some of the arguments to communicate one of the current issues in the rising field of artificial intelligence.Design/methodology/approachMaking use of widely available literature that the author has read and summarised showcasing her viewpoints, the author shows that technology is progressing every day. Artificial intelligence and machine learning are at the forefront of technological advancement today. The manufacture and innovation of new machines have revolutionised our lives and resulted in a world where we are becoming increasingly dependent on artificial intelligence.FindingsTechnology might appear to be getting out of hand, but it can be effectively used to transform lives and convenience.Research limitations/implicationsFrom robotics to autonomous vehicles, countless technologies have and will continue to make the lives of individuals much easier. But, with these advancements also comes something called “future shock”.Practical implicationsFuture shock is the state of being unable to keep up with rapid social or technological change. As a result, the topic of artificial intelligence, and thus autonomous cars, is highly debated.Social implicationsThe study will be of interest to researchers, academics and the public in general. It will encourage further thinking.Originality/valueThis is an original piece of writing informed by reading several current pieces. The study has not been submitted elsewhere.

The identity crisis of sustainable development

2014 ◽  
Vol 11 (1) ◽  
pp. 4-15 ◽  
Author(s):  
Catalin Ratiu ◽  
Beverlee B. Anderson
Keyword(s):  
Sustainable Development ◽  
Design Methodology ◽  
Identity Crisis ◽  
Primary Data ◽  
Future Research ◽  
Clear Understanding ◽  
Content Type ◽  
The Public ◽  
Larger Sample ◽  
Practical Implications

Purpose – There are many different conceptualizations to sustainable development and these different approaches may have led to confusion amongst the public. The purpose of this paper is to explore the identities of the term and how the confused identity may be leading to problems for sustainable development efforts. Design/methodology/approach – The design is exploratory, using both secondary and primary data to understand the different sustainable development concepts. Findings – There is no consistent understanding or use of the term “sustainable development” among various groups. Research limitations/implications – Future research should include a larger sample that is more representative of people from different backgrounds and geographical areas. Practical implications – The public is generally willing to support only projects that it understands. Without a clear understanding of sustainable development, the public will be less inclined to support these efforts. Originality/value – This study examines the perceptions and understandings of the term by the general public representing different generations.

scholarly journals Implications of divergences in adult protection legislation

2016 ◽  
Vol 18 (3) ◽  
pp. 149-160 ◽  
Author(s):  
Lorna Montgomery ◽  
Janet Anand ◽  
Kathryn Mackay ◽  
Brian Taylor ◽  
Katherine C. Pearson ◽  
...  
Keyword(s):  
Design Methodology ◽  
Elder Abuse ◽  
Consensus Model ◽  
Content Type ◽  
Legal Responses ◽  
The Usa ◽  
Protection Legislation ◽  
The Uk ◽  
Practical Implications ◽  
Adult Protection

Purpose – The purpose of this paper is to explore the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the USA. Design/methodology/approach – The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the commissioner for older people in Northern Ireland. This paper focusses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses. Findings – Arguments exist both for and against each legal approach. Differences in defining the scope and powers of adult protection legislation in the UK and internationally are highlighted. Research limitations/implications – This review was undertaken in late 2013; while the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. While the expertise of a group of experienced professionals in the field of adult safeguarding was utilized, it was not feasible to employ a formal survey or consensus model. Practical implications – Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted. Social implications – The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals. Originality/value – This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.

scholarly journals Fraud in overseas aid and the challenge of measurement

2015 ◽  
Vol 22 (2) ◽  
pp. 184-198 ◽  
Author(s):  
Mark Button ◽  
Chris Lewis ◽  
David Shepherd ◽  
Graham Brooks
Keyword(s):  
High Risk ◽  
International Development ◽  
Local Context ◽  
Structured Interviews ◽  
Policy Makers ◽  
Content Type ◽  
The Public ◽  
The Uk ◽  
Practical Implications

Purpose – The purpose of this paper is to explore the challenges of measuring fraud in overseas aid. Design/methodology/approach – The research is based on 21 semi-structured interviews with key persons working in the delivery of aid in both the public and voluntary sectors. It uses the UK Department for International Development as a case study to applying more accurate measures of fraud. Findings – This paper shows there are significant challenges to using fraud loss measurement to gauge fraud in overseas aid. However, it argues that, along with other types of measures, it could be used in areas of expenditure in overseas governments and charities to measure aid. Given the high risk of such aid to fraud, it argues helping to develop capacity to reduce aid, of which measuring the size of the problem is an important part; this could be considered as aid in its own right. Research limitations/implications – The researchers were not able to visit high-risk countries for fraud to examine in the local context views on the challenges of measuring fraud. Practical implications – The paper offers insights on the challenges to accurately measuring fraud in an overseas context, which will be useful to policy-makers in this context. Social implications – Given the importance of as much aid as possible reaching recipients, it offers an important contribution to helping to reduce losses in this important area. Originality/value – There has been very little consideration of how to measure fraud in the overseas aid context, with most effort aimed at corruption, which poses some of the same challenges, as well as some very different challenges.

Role reflections of police reservists: a study of volunteer reserve officers in Malaysia

2018 ◽  
Vol 41 (6) ◽  
pp. 813-827 ◽  
Author(s):  
Phaik Kin Cheah ◽  
N. Prabha Unnithan ◽  
Suresh Suppiah
Keyword(s):  
Police Officers ◽  
Design Methodology ◽  
Theory Approach ◽  
Structured Interviews ◽  
Content Type ◽  
The Public ◽  
Role Orientations ◽  
Grounded Theory Approach ◽  
Practical Implications ◽  
Insight Into

PurposeThe purpose of this paper is to investigate the work roles of the Royal Malaysia Police Volunteer Reserve officers.Design/methodology/approachA grounded theory approach was utilized for the generation and analysis of the data. Data were collected through interviews, observations and follow-ups. Semi-structured interviews were conducted with 20 male and female volunteer reserve officers and 5 regular police officers aged between 24 and 58 years of mixed socioeconomic backgrounds, ethnicities and ranking in the Royal Malaysia Police force. Two civilian respondents (spouses of the Police Volunteer Reserve officers) were also interviewed for this study for the purpose of theory sampling.FindingsThe data were analyzed qualitatively resulting in a model of Royal Malaysia Police Volunteer Reserve officer roles consisting of four orientations.Research limitations/implicationsStudy outcomes are discussed theoretically and administratively. The four role orientations identified will assist researchers studying police reserve volunteerism.Practical implicationsStudy outcomes allow administrators to utilize and deploy police reservists in consonance with the four role orientations identified.Social implicationsThis study provides insight into how police reservists conceive of and execute their roles as they negotiate them in relation to the regular police officers they work with and the public from which they are drawn.Originality/valueThis is the first study of police volunteerism in Malaysia.

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