What is a public interest disclosure?
Can a term in a contract override a worker's right to disclose?
To whom can a worker "blow the whistle"?
A disclosure is protected if made in good faith to the employer or
to another person in the organisation whom the worker believes to be responsible
for the wrongdoing, to a legal adviser, or to a prescribed person or body listed
in the schedule to the Public Interest Disclosure Order 1999 (SI 1999/1549) (such as the Office
of Fair Trading or the Health and Safety Executive).
A worker can make a disclosure (and still retain protection under
the Act) to a non-prescribed person if certain conditions are met, namely: the
disclosure is made in good faith; the worker reasonably believes the information
is substantially true; the worker is not making the disclosure for personal gain; and, in all the circumstances, it is reasonable for the worker to make the disclosure. The worker must also: reasonably believe that he or she would be subject to a detriment by the
employer if he or she made the disclosure directly to the employer or a
prescribed person; reasonably believe that the employer would conceal
or destroy evidence if the disclosure were put directly; or have
previously made the same disclosure to the employer or a prescribed person to no
avail.
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