chapter  11
28 Pages

EQUITABLE PRINCIPLES OFCONFIDENTIALITY AND WHISTLEBLOWING

A possible strength of the PillA 1998is that it provides a checklist against which an employment tribunal is required to assess an individual complaint by a whistleblower. The detailed criteria set out in the provisions reduce discretion and make it more difficult for assumptions based on gender to cloud the issue. It might be argued that women fare better when subject to strict requirements of statute than faced with the discretion of equity.4 The establishment of a statutory test as to the credibility of a whistleblower may prevent gender bias and the negative stereotyping of female whistleblowers.