Protecting whistleblowers in Norway and the UK: a case of mix and match?

Article


Lewis, D. and Trygstad, S. 2009. Protecting whistleblowers in Norway and the UK: a case of mix and match? International Journal of Law and Management. 51 (6), pp. 374-388. https://doi.org/10.1108/17542430911005918
TypeArticle
TitleProtecting whistleblowers in Norway and the UK: a case of mix and match?
AuthorsLewis, D. and Trygstad, S.
Abstract

Purpose – This paper aims to compare and contrast the approaches taken by the UK and Norway in providing employment protection for whistleblowers.
Design/methodology/approach – The paper examines the legislative provisions contained in the Employment Rights Act 1996 (UK) and the Work Environment Act 2005 (Norway) together with relevant case law and preparatory papers.
Findings – Unlike the UK, Norway affords employees a statutory right to notify wrongdoing and requires employers to develop internal reporting procedures. The authors believe that the approaches taken to protecting whistleblowers reflect the different systems of industrial relations in these two countries.
Practical implications – In the light of this research it is suggested that a right to disclose wrongdoing should be introduced in the UK together with a duty on employers to show that it has not been infringed. It is also recommended that what can be reported should be more precisely defined in Norway either by law or collective bargaining.
Originality/value – The paper makes proposals for the reform of legislation in both countries.

Research GroupLaw and Politics
PublisherEmerald
JournalInternational Journal of Law and Management
ISSN1754-243X
Publication dates
Print2009
Publication process dates
Deposited19 Feb 2010
Output statusPublished
Digital Object Identifier (DOI)https://doi.org/10.1108/17542430911005918
LanguageEnglish
Permalink -

https://repository.mdx.ac.uk/item/8240v

  • 59
    total views
  • 0
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Retaliation for whistleblowing: some case studies on the experience of re-employment/redeployment
Lewis, D. 2022. Retaliation for whistleblowing: some case studies on the experience of re-employment/redeployment. International Journal of Law and Management. 64 (3), pp. 292-307. https://doi.org/10.1108/IJLMA-10-2021-0244
Stigma and whistleblowing: Should punitive damages be available in retaliation cases?
Lewis, D. 2022. Stigma and whistleblowing: Should punitive damages be available in retaliation cases? Industrial Law Journal. 51 (1), pp. 62-83. https://doi.org/10.1093/indlaw/dwaa032
Autistic employees as whistleblowers: are employers ignoring potentially valuable assets?
Lewis, D. and Evans, H. 2021. Autistic employees as whistleblowers: are employers ignoring potentially valuable assets? London, UK Middlesex University.
Results of a FTSE top 100 website survey on whistleblowing arrangements
Lewis, D. and Boylin, T. 2018. Results of a FTSE top 100 website survey on whistleblowing arrangements. London, UK Middlesex University.
Ethnicity and the experience of whistleblowing in the NHS 2014
Lewis, D. 2021. Ethnicity and the experience of whistleblowing in the NHS 2014. London, UK Middlesex University.
The EU Directive on the protection of whistleblowers: a missed opportunity to establish international best practices
Lewis, D. 2020. The EU Directive on the protection of whistleblowers: a missed opportunity to establish international best practices. E Journal of International and Comparative Labour Studies. 9 (1), pp. 1-25.
Employment law: the essentials
Lewis, D. and Sargeant, M. 2019. Employment law: the essentials. London, UK CIPD - Kogan Page.
Employment law - ninth edition
Sargeant, M. and Lewis, D. 2020. Employment law - ninth edition. Abingdon Routledge.
A Levinasian approach to whistleblowing
Loumansky, A. and Lewis, D. 2013. A Levinasian approach to whistleblowing. Philosophy of Management. 12 (3), pp. 27-48. https://doi.org/10.5840/pom201312317
Employment law: the essentials
Lewis, D. and Sargeant, M. 2019. Employment law: the essentials. London, UK CIPD - Kogan Page.
The motivations of external whistleblowers and their impact on the intention to blow the whistle again
Park, H. and Lewis, D. 2019. The motivations of external whistleblowers and their impact on the intention to blow the whistle again. Business Ethics: A European Review. 28 (3), pp. 379-390.
Labour market enforcement in the 21st century: should whistleblowers have a greater role?
Lewis, D. 2019. Labour market enforcement in the 21st century: should whistleblowers have a greater role? Industrial Relations Journal. 50 (3), pp. 256-276. https://doi.org/10.1111/irj.12251
The motivations of external whistleblowers and their impact on the intention to blow the whistle again
Park, H. and Lewis, D. 2019. The motivations of external whistleblowers and their impact on the intention to blow the whistle again. Business Ethics: A European Review. 28 (3), pp. 379-390. https://doi.org/10.1111/beer.12224
Trade unions and the whistleblowing process in the UK: an opportunity for strategic expansion?
Lewis, D. and Vandekerckhove, W. 2018. Trade unions and the whistleblowing process in the UK: an opportunity for strategic expansion? Journal of Business Ethics. 148 (4), pp. 835-845. https://doi.org/10.1007/s10551-016-3015-z
Leaks, legislation and freedom of speech: how can the law effectively promote public interest whistleblowing
Fasterling, B. and Lewis, D. 2014. Leaks, legislation and freedom of speech: how can the law effectively promote public interest whistleblowing. International Labour Review. 153 (1), pp. 71-92. https://doi.org/10.1111/j.1564-913X.2014.00197.x
The negative effect of external whistleblowing: A study of some key factors
Lewis, D. and Park, H. 2018. The negative effect of external whistleblowing: A study of some key factors. The Social Science Journal. 55 (4), pp. 387-395. https://doi.org/10.1016/j.soscij.2018.04.002
Strategic issues in whistleblowing research
Vandekerckhove, W., Brown, A., Moberly, R. and Lewis, D. 2014. Strategic issues in whistleblowing research. in: Brown, A., Lewis, D., Moberly, R. and Vandekerckhove, W. (ed.) International Handbook on Whistleblowing Research Cheltenham Edward Elgar. pp. 522-530
The key to protection: civil and employment law remedies
Lewis, D., Devine, T. and Harpur, P. 2014. The key to protection: civil and employment law remedies. in: Brown, A., Lewis, D., Moberly, R. and Vandekerckhove, W. (ed.) International Handbook on Whistleblowing Research Cheltenham Edward Elgar. pp. 350-380
Whistleblowing, its importance and the state of the research
Lewis, D., Brown, A. and Moberly, R. 2014. Whistleblowing, its importance and the state of the research. in: Brown, A., Lewis, D., Moberly, R. and Vandekerckhove, W. (ed.) International Handbook on Whistleblowing Research Cheltenham Edward Elgar. pp. 1-34
Employment Law (8th edition)
Sargeant, M. and Lewis, D. 2018. Employment Law (8th edition). Abingdon Routledge.
Whistleblowing and the law of defamation: does the law strike a fair balance between the rights of whistleblowers, the media and alleged wrongdoers?
Lewis, D. 2018. Whistleblowing and the law of defamation: does the law strike a fair balance between the rights of whistleblowers, the media and alleged wrongdoers? Industrial Law Journal. 47 (3), pp. 339-364. https://doi.org/10.1093/indlaw/dwx015
Introduction
Lewis, D. and Vandekerckhove, W. 2017. Introduction. Lewis, D. and Vandekerckhove, W. (ed.) International Whistleblowing Research Network Conference. Oslo, Norway Jun 2017 London, UK International Whistleblowing Research Network. pp. 2-5
Employment law: the essentials [14th edition]
Lewis, D. and Sargeant, M. 2017. Employment law: the essentials [14th edition]. CIPD - Kogan Page.
Using statutory guidance and codes of practice to build on whistleblowing legislation: the Irish experience
Kierans, L. and Lewis, D. 2016. Using statutory guidance and codes of practice to build on whistleblowing legislation: the Irish experience. La Revue des Droits de l’Homme. 2016 (10). https://doi.org/10.4000/revdh.2716
Is the Employers’ Liability (Compulsory Insurance) Act 1969 fit for purpose?
Barrett, B. and Lewis, D. 2016. Is the Employers’ Liability (Compulsory Insurance) Act 1969 fit for purpose? Industrial Law Journal. 45 (4), pp. 503-524. https://doi.org/10.1093/indlaw/dww021
Thematic analysis of the electronic submissions to “Freedom to speak up” the independent review into creating an open and honest reporting culture in the NHS. Freedom to speak up.
D'Angelo, A., Papadopoulou, D., Jarrett, P. and Lewis, D. 2014. Thematic analysis of the electronic submissions to “Freedom to speak up” the independent review into creating an open and honest reporting culture in the NHS. Freedom to speak up. Department of Health.
Industrial relations and the management of whistleblowing after the Francis report: what can be learned from the evidence?
Lewis, D., D'Angelo, A. and Clarke, L. 2015. Industrial relations and the management of whistleblowing after the Francis report: what can be learned from the evidence? Industrial Relations Journal. 46 (4), pp. 312-327. https://doi.org/10.1111/irj.12106
Survey of NHS staff, employers, regulators and trade unions. The Independent Review into creating an open and honest reporting culture in the NHS
Lewis, D., D'Angelo, A. and Clarke, L. 2015. Survey of NHS staff, employers, regulators and trade unions. The Independent Review into creating an open and honest reporting culture in the NHS. Middlesex University.
Employment law: the essentials (2015)
Lewis, D. and Sargeant, M. 2015. Employment law: the essentials (2015). London CIPD.
Whistleblowing to regulators: are prescribed persons fit for purpose?
Phillips, A. and Lewis, D. 2013. Whistleblowing to regulators: are prescribed persons fit for purpose? Middlesex University.
Report of a survey on whistleblowing procedures in UK universities
Lewis, D. and Phillips, A. 2014. Report of a survey on whistleblowing procedures in UK universities. Middlesex University.
Establishing a different dimension of citizen security: the case for special protection for whistleblowers
Lewis, D. and Castellino, J. 2013. Establishing a different dimension of citizen security: the case for special protection for whistleblowers. Beijing Law Review. 4 (4), pp. 185-197. https://doi.org/10.4236/blr.2013.44024
Employment law
Sargeant, M. and Lewis, D. 2014. Employment law. Harlow Pearson.
Resolving whistleblowing disputes in the public interest: is tribunal adjudication the best that can be offered?
Lewis, D. 2013. Resolving whistleblowing disputes in the public interest: is tribunal adjudication the best that can be offered? Industrial Law Journal. 42 (1), pp. 35-53. https://doi.org/10.1093/indlaw/dwt001
Employment law: the essentials
Lewis, D. and Sargeant, M. 2013. Employment law: the essentials. London Chartered Institute of Personnel and Development.
The content of whistleblowing procedures: a critical review of recent official guidelines
Vandekerckhove, W. and Lewis, D. 2012. The content of whistleblowing procedures: a critical review of recent official guidelines. Journal of Business Ethics. 108 (2), pp. 253-264. https://doi.org/10.1007/s10551-011-1089-1
Whistleblowing and data protection principles: is the road to reconciliation really that rocky?
Lewis, D. 2011. Whistleblowing and data protection principles: is the road to reconciliation really that rocky? European Journal of Law and Technology. 2 (1).
The Council of Europe resolution and recommendation on the protection of whistleblowers
Lewis, D. 2010. The Council of Europe resolution and recommendation on the protection of whistleblowers. Industrial Law Journal. 39 (4), pp. 432-435. https://doi.org/10.1093/indlaw/dwq023
Ten years of Public Interest Disclosure Act 1998 claims: what can we learn from the statistics and recent research?
Lewis, D. 2010. Ten years of Public Interest Disclosure Act 1998 claims: what can we learn from the statistics and recent research? Industrial Law Journal. 39 (3), pp. 325-328. https://doi.org/10.1093/indlaw/dwq018
Whistleblowing in a changing legal climate: is it time to revisit our approach to trust and loyalty at the workplace?
Lewis, D. 2011. Whistleblowing in a changing legal climate: is it time to revisit our approach to trust and loyalty at the workplace? Business Ethics: A European Review. 20 (1), pp. 71-87. https://doi.org/10.1111/j.1467-8608.2010.01609.x
The law and practice of whistleblowing in the United Kingdom.
Lewis, D. 2010. The law and practice of whistleblowing in the United Kingdom. in: Arszulowicz, M. and Gasparski, W. (ed.) Whistleblowing: in defense of proper action. New Jersey Transaction Publishers.
A global approach to public interest disclosure: what we can learn from existing whistleblowing legislation and research.
Lewis, D. Lewis, D. (ed.) 2010. A global approach to public interest disclosure: what we can learn from existing whistleblowing legislation and research. Cheltenham Edward Elgar.
Employment law concentrate.
Lewis, D. and Sargeant, M. 2011. Employment law concentrate. Oxford Oxford University Press (OUP).
Combating corruption through employment law and whistleblower protection.
Lewis, D. and Carr, I. 2010. Combating corruption through employment law and whistleblower protection. Industrial Law Journal. 39 (1), pp. 1-30. https://doi.org/10.1093/indlaw/dwp027
The law and practice of whistleblowing in the UK.
Lewis, D. 2009. The law and practice of whistleblowing in the UK. Revue de droit du Travail. 3, pp. 184-189.
The employment relationship
Sargeant, M. and Lewis, D. 2001. The employment relationship. in: Barrett, B. (ed.) Principles of Business Law London Thomson Learning.
Organizational change: reconstructions and transfers of undertakings
Sargeant, M. and Lewis, D. 2001. Organizational change: reconstructions and transfers of undertakings. in: Barrett, B. (ed.) Principles of Business Law London Thomson Learning.
CIPD: employment law for people managers
Sargeant, M., Lewis, D. and Chartered Institute of Personnel and Development 2003. CIPD: employment law for people managers. London Chartered Institute of Personnel and Development.
Introduction [includes What is whistleblowing]
Lewis, D. 2001. Introduction [includes What is whistleblowing]. in: Lewis, D. (ed.) Whistleblowing at work. London Athlone Press. pp. 1-9
Whistleblowing in Education
Lewis, D. and Ruff, A. 2001. Whistleblowing in Education. in: Lewis, D. (ed.) Whistleblowing at work. London Athlone Press. pp. 98-113
Whistleblowing at work: the results of a survey of procedures in further and higher education
Lewis, D., Kyprianou, A., Homewood, S. and Ellis, C. 2001. Whistleblowing at work: the results of a survey of procedures in further and higher education. Education and the law. 13 (3), pp. 215-225. https://doi.org/10.1080/09539960127292
Whistleblowing and human resource management
Lewis, D. and Sargeant, M. 2001. Whistleblowing and human resource management. in: Lewis, D. (ed.) Whistleblowing at work. London Athlone Press. pp. 57-69
The law relating to whistleblowing
Lewis, D. and Spencer, M. 2001. The law relating to whistleblowing. in: Lewis, D. (ed.) Whistleblowing at work. London Athlone Press. pp. 10-24
Essentials of employment law
Lewis, D. and Sargeant, M. 2009. Essentials of employment law. London Chartered Institute of Personnel and Development.
Whistleblowing procedures at work: what are the implications for human resource practitioners?
Lewis, D. 2002. Whistleblowing procedures at work: what are the implications for human resource practitioners? Business Ethics: A European Review. 11 (3), pp. 202-209. https://doi.org/10.1111/1467-8608.00278
Whistleblowing at work
Lewis, D. 2001. Whistleblowing at work. London Athlone Press.
Whistleblowing in schools: the results of a survey of confidential reporting procedures in maintained schools in England
Lewis, D. and Ruff, A. 2003. Whistleblowing in schools: the results of a survey of confidential reporting procedures in maintained schools in England. Education law journal. 4 (2), pp. 1-10.
Whistleblowing
Lewis, D. 2003. Whistleblowing. in: Sargeant, M. (ed.) The law at work: a practical guide to key issues in employment law London Spiro. pp. 209-237
A survey of whistleblowing/confidential reporting procedures used by persons prescribed under the Public Interest Disclosure Act 1998
Lewis, D. 2007. A survey of whistleblowing/confidential reporting procedures used by persons prescribed under the Public Interest Disclosure Act 1998. Communications law. 12 (4), pp. 124-130.
Employment law. 6th ed.
Sargeant, M. and Lewis, D. 2012. Employment law. 6th ed. UK Pearson.
A survey of confidential reporting procedures in English and Welsh local authorities
Lewis, D., Kyprianou, A. and Ellis, C. 2002. A survey of confidential reporting procedures in English and Welsh local authorities. Employers Organisation for Local Government. https://doi.org/.
Whistleblowing statutes in Australia: is it time for a new agenda?
Lewis, D. 2004. Whistleblowing statutes in Australia: is it time for a new agenda? Deakin law review. 8 (2), pp. 318-334.
Whistleblowers and the law of defamation: time for more statutory privilege?
Lewis, D. 2005. Whistleblowers and the law of defamation: time for more statutory privilege? Web journal of current legal issues. 3, pp. 1-13.
Trade unions and discrimination
Lewis, D. 2004. Trade unions and discrimination. in: Sargeant, M. (ed.) Discrimination law Harlow Pearson Longman. pp. 241-264
The contents of whistleblowing/confidential reporting procedures in the UK: some lessons from empirical research.
Lewis, D. 2006. The contents of whistleblowing/confidential reporting procedures in the UK: some lessons from empirical research. Employee Relations. 28 (1), pp. 76-86.
Ten years of public interest disclosure legislation in the UK: are whistleblowers adequately protected?
Lewis, D. 2008. Ten years of public interest disclosure legislation in the UK: are whistleblowers adequately protected? Journal of Busines Ethics. 82 (2), pp. 497-507. https://doi.org/10.1007/s10551-008-9899-5
Labour law
Lewis, D. and Sargeant, M. 2008. Labour law. in: Muller-Camen, M., Croucher, R. and Leigh, S. (ed.) Human resource management: a case study approach London Chartered Institute of Personnel and Development. pp. 69-89
Defining the public interest in legislation: the case of employment protection for whistleblowers.
Homewood, S. and Lewis, D. 2001. Defining the public interest in legislation: the case of employment protection for whistleblowers. in: Collins, H., Davies, P. and Rideout, R. (ed.) The legal regulation of the employment relationship. London Kluwer. pp. 305-315
Five years of the Public Interest Disclosure Act in the UK: are whistleblowers adequately protected?
Homewood, S. and Lewis, D. 2004. Five years of the Public Interest Disclosure Act in the UK: are whistleblowers adequately protected? Web journal of current legal issues. 5, pp. 1-9.
Providing rights for whistleblowers: would an anti-discrimination model be more effective?
Lewis, D. 2005. Providing rights for whistleblowers: would an anti-discrimination model be more effective? Industrial Law Journal. 34 (3), pp. 239-252. https://doi.org/10.1093/indlaw/dwi020
Protecting whistleblowers at work: a comparison of the impact of British and South African legislation
Lewis, D. and Uys, T. 2007. Protecting whistleblowers at work: a comparison of the impact of British and South African legislation. Managerial Law. 49 (3), pp. 76-92. https://doi.org/10.1108/03090550710816492
Whistleblowing at work: on what principles should legislation be based?
Lewis, D. 2001. Whistleblowing at work: on what principles should legislation be based? Industrial Law Journal. 30 (2), pp. 169-193. https://doi.org/10.1093/ilj/30.2.169
Whistleblowing: Australian, UK and US approaches to disclosure in the public interest
Lewis, D., Callahan, E. and Dworkin, T. 2004. Whistleblowing: Australian, UK and US approaches to disclosure in the public interest. Virginia Journal of International Law. 44 (3), pp. 879-912.
Employment protection for whistleblowers: some implications.
Lewis, D. 2003. Employment protection for whistleblowers: some implications. Proceedings of the Institution of Civil Engineers - Municipal Engineer. 156 (4), pp. 245-250. https://doi.org/10.1680/muen.2003.156.4.245