An open access repository of Middlesex University research http://eprints.mdx.ac.uk Lewis, David B. and Carr, Indira (2010) Copyright and moral rights to this thesis/research project are retained by the author and/or other copyright owners. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Any use of the thesis/research project for private study or research must be properly acknowledged with reference to the work's full bibliographic details.This thesis/research project may not be reproduced in any format or medium, or extensive quotations taken from it, or its content changed in any way, without first obtaining permission in writing from the copyright holder(s).If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address:The item will be removed from the repository while any claim is being investigated. ABSTRACTThis 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 UN Convention on Corruption 2003 (UNCAC) protects those who speak out about malpractices within an organisation. Section 2 focuses on UNCAC while Section 3 focuses on the extent to which employment law imposes obligations on those within the workplace to report corrupt activities and the circumstances in 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. INTRODUCTIONModern day corruption is endemic in character and contributes to poverty. 1It is a phenomenon that affects all levels and aspects of society from business and politics through to government. Equally it knows no boundaries and neither is it unique to developing countries, as the furore over the alleged BAE slush Q2

No abstract

No abstract

No abstract

Since the mid-1990s there has been intense activity in terms of anti-corruption initiatives. Section 1 of this paper (Regulatory measures: the conventions) focuses on the frameworks of these conventions and in the course of their assessment argues (a) that the lack of a unified approach is unlikely to further the fight against corruption in any meaningful way, (b) that regulation is unlikely to be effective in terms of results unless there are robust enforcement mechanisms in place, and (c) that anti-corruption legislation provides only a partial answer and that we need to engage in what I call a process of re-socialisation. Section 2 (Enforcement and informers) highlights the difficulties associated with enforcing the conventions and explores whether the antiquated qui tam action might serve a useful purpose in addressing the problem of enforcement deficit. Section 3 (Fighting corruption through re-socialisation) asks whether greater social awareness through education provides a possible solution. Guided by a humanistic philosophy of society the view is put forward that part of the answer for effectively tackling corruption lies in making people aware of its long-term effects.