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Whistleblowing at work: the legal implications for employees of making disclosures of confidential information

The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employment contract. The general law on unfair dismissal is examined in chapter four to determine the extent to which an employee can claim that a dismissal for raising a concern is unfair. Protection for whistleblowing on specific issues such as race or sex discrimination, and health and safety issues is considered in chapter five. International standards governing the protection of the right to freedom of expression, in particular Article 10 of the European Convention on Human Rights, are examined in chapter six. Chapter seven comprises a comparative study of the protection available to employees who blow the whistle in the USA, where protection exists for whistleblowers both at a constitutional level and in specific legislation. A case study is included in chapter eight in which the position of employees in the National Health Service is examined in detail, with regard to their contractual position and the practical difficulties faced by those who wish to raise concerns about matters at work. A fundamental distinction drawn throughout the thesis is between two types of whistleblowing: "watchdog" whistleblowing, referring the raising of concerns about immediate threats to health and safety or of serious financial loss; and "protest" whistleblowing, referring to the participation of employees in debate on matters that are in the public interest, using specialist informztion gained from their employment. The recognition of these two forms of whistleblowing aids the analysis of the limitations of the legal protection as well as proving useful in the determining the scope of proposed reform. The argument is made that the protection currently available is inadequate and the thesis ends with proposals for legal reform

Vegetative Analysis of the Monahan Reclaimed Mined Land Area

The Monahan reclaimed mined land area is located in Crawford County, Kansas, and is approximately one mile north and one mile east of Cherokee, Kansas. Strip and shaft mining both occurred at the site. The reclamation project was performed in 1984, with seeding of native grasses comprising the final stage. The study was designed to evaluate the revegetation portion of the project. Data was collected to determine basal cover and frequency of plant species occurring on the site; soil pH measurements were also included in the study. This information was used to develop a comparative evaluation of the grass species utilized in the reclamation

Operationally Responsive Space (ORS): An Architecture and Enterprise Model for Adaptive Integration, Test and Logistics

The capability to rapidly deploy tactical satellites to meet a Joint Force Commander\u27s immediate battlespace requirements is a well-documented joint capability need. Key U.S. strategic documentation cites the need for the capability to maintain persistent surveillance or an unblinking eye over battlespace and to rapidly reconstitute critical space capabilities to preserve situational awareness. The warfighter requires a tactical space-based deployment capability which employs a request to launch and operational deployment window of 90 to 120 days. This master\u27s thesis executed two (2) major areas of work: apply, and reinforce the Operationally Responsive Space (ORS) mission tasks using the Joint Capabilities Integration Development System (JCIDS) process; then based on capability gap data generated from the process, analyze and define the capability gap of an ORS Adaptive Integration, Test and Logistics (IT&L) process for payload to bus deployment to meet the identified time scales. This document recommends engineering solutions and processes for the ORS IT&L to-be state for this warfighter capability. The ORS adaptive IT&L CONOPS developed as part of this work focuses on the Tactical Satellite Rapid Deployment System (TSRDS), which is an adaptive integration, test and logistics capability that enables rapid and effective payload to bus integration to meet a 90- to 120-day warfighter window

Implementing democratic governance and ownership: the interplay of structure and culture in public service social enterprises

We examine the implementation of governance arrangements to extend ownership and control to employees and community stakeholders in social enterprises. Evidence from a sample of newly created public service social enterprises in England shows how the realisation of democratic ideals involves a gradual and often challenging process. Different outcomes are explained in terms of an interplay between the legal forms and representational mechanisms adopted and the enabling role of organisational culture. The paper contributes an analytic framework that captures the range of possible outcomes in terms of stakeholder versus stewardship forms of representation, and the cultural-psychological dimension of ownership. Organisations may find themselves at different stages in the journey towards the realisation of democratic ownership and governance. Conclusions are drawn for the field of social enterprise and non-profit research

'Social enterprise spin-outs': an institutional analysis of their emergence and potential

The recent phenomenon of public sector ‘social enterprise spin-outs’ is examined in order to critically assess their nature and innovative potential as providers of public services. The study utilises a theoretical model of institutional creation and change which incorporates key characteristics of ‘corporate spin-outs’ and ‘university spin-outs’ to facilitate the examination of their public sector counterparts, drawing on interview evidence from 30 newly-established social enterprise providers of health and care services in England. A main contribution of the paper is to provide a conceptual framework which sheds light on the strengths and potential vulnerabilities of social enterprise spin-outs as novel organisations that span the public, private and civil society sectors