Corruption in the Work Place: Employment Law, Whistleblower Protection and the United Nations Convention Against Corruption

32 Pages Posted: 15 Nov 2009

See all articles by Indira M. Carr

Indira M. Carr

University of Surrey

David Lewis

Middlesex University - Business School

Date Written: November 13, 2009

Abstract

This article examines the extent to which employment law has the potential to fight corruption by imposing rights and duties on employers and workers and analyses the extent to which the the UN Convention on Corruption 2003 (UNCAC) protects those who speak out about malpractices within an organisation. Section I focuses on UNCAC while Section II focuses on the extent to which employment law imposes obligations on those within the workplace to report corrupt activities and the extent to which those who speak out about corruption are protected under UK employment law. It is argued that, because of the inadequacies of the existing legislation and the threat posed by disclosures via the internet, organisations have much to gain from devising effective policies on both internal and external reporting that do not inhibit the exposure of corruption or unnecessarily curtail freedom of speech. The authors conclude by welcoming the draft recommendations from the Council of Europe’s Parliamentary Assembly to draw up a set of guidelines for the protection of whistleblowers and consider drafting a framework convention.

Keywords: Corruption, Whistleblower, Employment Law, Council of Europe, UNCAC, Protected Disclosures

Suggested Citation

Carr, Indira M. and Lewis, David, Corruption in the Work Place: Employment Law, Whistleblower Protection and the United Nations Convention Against Corruption (November 13, 2009). Available at SSRN: https://ssrn.com/abstract=1505422 or http://dx.doi.org/10.2139/ssrn.1505422

Indira M. Carr (Contact Author)

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom
07808 761492 (Phone)

HOME PAGE: http://www.surrey.ac.uk/corruption

David Lewis

Middlesex University - Business School ( email )

The Burroughs
London, NW4 4BT
United Kingdom

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