- employees are protected from dismissal if the reason, or principal reason, for their dismissal is that they have made a 'protected disclosure'
- workers are protected from being subjected to any detriment on the grounds that they have made a protected disclosure.
- makes a qualifying disclosure (the information disclosed must fall under one or more of the six headings set out in the Employment Rights Act 1996)
- the disclosure is made to the right person
- the worker or employee is then subjected to a detriment, or dismissed.
- Employees or workers in this position can complain to an employment tribunal and compensation is uncapped.
- encourage openness in the workplace
- encourage disclosures to be made in a reasonable way (for example, not to the press)
- provide guidance to managers on how to deal with whistleblowers
- assist when defending claims where correct procedures have not been followed by employees.
|New law and guidance|
The Small Business, Enterprise and Employment Act 2015 became law on 26 March 2015. A provision within it came into force on 26 May 2015, giving the state power to make regulations outlawing discrimination against applicants to the NHS for blowing the whistle.
The Act also includes a provision requiring 'prescribed persons' (bodies or individuals authorised to receive whistleblowing disclosures) to report annually on cases referred to them. The government believes this measure will "increase confidence for those who highlight wrongdoing, and create better, safer workplaces". It follows a consultation which the government ran last autumn (for the full response to the consultation, see Prescribed bodies: annual reporting requirements on whistleblowing).
The government has also produced new guidance for whistleblowers, employers and 'prescribed persons' with the aim of enabling these groups to navigate the existing whistleblowing legislation more easily: