"Threatening claimants with costs is an intimidation tactic. It can be an effective threat in some cases. Arguably, though, employers and their legal advisors should be careful about using that threat, because if it's used improperly, that of itself could be seen as unreasonable conduct on the part of the employer or their advisors"
Speaking with Thomson Reuters Regulatory Intelligence, Alex Bearman discusses the results of the Financial Conduct Authority's (FCA) recently published survey on whistleblowers. The survey results revealed widespread dissatisfaction with the protections afforded to whistleblowers by the FCA, which also fails to address key issues such as the retaliation often faced by whistleblowers.
The full article is available to read online at Thomson Reuters Regulatory Intelligence.
Alex Bearman is a partner in the employment team. He specialises in all areas of contentious employment law, including unfair dismissal, discrimination, whistleblowing and breach of contract, and has experience of dealing with claims brought in the courts as well as in the Employment Tribunal.
"You could argue that it's an issue which regulators might want to take action over if regulated firms are using those sorts of intimidatory tactics to effectively silence whistle-blowing claims and keep whistle-blowing claims out of the tribunal."