Whistleblowers protected when applying for NHS jobs

Implementation date: To be confirmed

The Small Business, Enterprise and Employment Act 2015 includes a provision that enables regulations to be made to provide increased protection for whistleblowers. The aim of the new provision is to ensure that whistleblowers are not discriminated against in recruitment when applying for NHS roles because of having made a protected disclosure.

An NHS employer discriminates against an applicant if the applicant is refused a job or he or she is treated less favourably in some other way in relation to the application because of having made a protected disclosure.

On 20 March 2017, the Government issued draft Employment Rights Act 1996 (NHS Recruitment - Protected Disclosure) Regulations for consultation.