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Whistleblowing and the Utilities Act (EAT decision) - Office for Gas and Electricity Markets v Pytel [EAT] 10.12.18 (Unreported)

It was not possible to read and give effect to the Utilities Act 2000 s.105 so as to make it compatible with an employee's rights under the ECHR by reading words into s.105(6) to allow an employee to bring a whistleblowing claim without committing a criminal offence. The balance to be struck between the rights of putative whistleblowers and the safeguarding of rights to restrict the circulation of business information obtained in the exercise of regulatory functions was for Parliament and the secretary of state, not for the courts.
Category: Employment » Human Rights; Whistleblowing. Keyword(s): Utilities. Area(s) of law: Employment; Public Sector; Energy.
Source: UKEAT/0044/17/JOJ.

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