Whistleblowing rights amended

Implementation date: 25 June 2013

The Enterprise and Regulatory Reform Act 2013 amends s.43B of the Employment Rights Act 1996. A disclosure is not protected unless the employee reasonably believes that the disclosure is made in the public interest. Further, a disclosure no longer needs to be made "in good faith". Where a disclosure is not made in good faith, the employment tribunal will be able to reduce compensation by up to 25%. Section 19 of the Enterprise and Regulatory Reform Act 2013 also prescribes that an employer will be liable where a worker or an agent of the employer subjects a colleague to a detriment for whistleblowing. The Enterprise and Regulatory Reform Act 2013 (PDF format, 1MB) and the Enterprise and Regulatory Reform Act 2013 (Commencement No.1, Transitional Provisions and Savings) Order 2013 (SI 2013/1455), which implements s.19 of the Act, can be viewed on the UK legislation website.