New Whistleblowing Legislation Will Come Into Force 25 June 2013
Please be aware that on 25 June 2013, new legislation relating to whistleblowing will be implemented.
This is important to employers for several reasons.
If the main reason you dismiss an employee for making a protected disclosure, then the two year qualifying period and compensation limit do not apply.
Protection for whistle-blowers will be kept to those making disclosures which, (as defined by the Employments Right Act)
are in “the reasonable belief of the worker making the disclosure, is made in the public interest”
The scope of “Public Interest” is not explained, but it is likely to mean a group or class of people, rather than being of interest to an individual.
A disclosure doesn’t have to actually be in the public interest; it is enough for the worker merely to think a disclosure was in the public interest.
From 25th June, the protection will also cover anyone making a disclosure in bad faith (e.g. a disclosure made for financial gain or in spite)
Should an Employment Tribunal think the disclosure was made in bad faith, they will have new powers to reduce compensation by as much as 25%.
Section 19 of the Enterprise and Regulatory Reform Act 2013 also includes legislation which will impose vicarious liability on an employer for any detriment,
on grounds that a worker made a protected disclosure by other workers on the first worker.
This particular piece of legislation will not be enforced from 25th June, but is expected to be later in the year.
For more information about how the new rules on whistle-blowing may affect your business, please contact our Employment Law Team
Amy Hallam
Head of Employment
0114 3496989
amy.hallam@brmlaw.co.uk
