The Public Interest Disclosure Act 1998 provides employees with protection from dismissal or other detriment (such as victimisation or disciplinary action) when they 'blow the whistle' on their employers. A summary of the provisions of the Act are given below.
An employee must make a 'protected disclosure' to be protected by the provisions of the Act. This means that it must disclose one of a list of specified malpractices. These are:
The disclosure must also comply with a set of conditions which vary according to whom the disclosure is made.
A disclosure to an employer will be protected if the employee makes it in good faith and reasonably believes it shows one of the malpractices.
Any disclosure to a legal adviser need not be made in good faith. An employee must simply hold a reasonable belief that his disclosure shows one of the specified malpractices.
The Secretary of State for Trade and Industry has designated certain regulatory bodies to which disclosures may be made. If employees make a disclosure to a regulator they must:
Employees making a disclosure to someone other than their employer, legal adviser or an appropriate regulatory body must satisfy a harder test. Employees must:
In addition to these criteria, it must be reasonable in all circumstances for employees to make the disclosure.