What is Protected Disclosure?
For a disclosure to be subject to the whistleblowing protections under the Employment Rights Act 1996, it has to constitute a ‘protected disclosure’. To be a ‘protected disclosure’, the disclosure must satisfy the following three conditions:
- It must be a ‘disclosure of information’;
- It must be a ‘qualifying’ disclosure – i.e. one that, in the reasonable belief of the worker making it, is made in the public interest and tends to show that one or more of six ‘relevant failures’ set out in s 43B ERA 1996 has occurred or is likely to occur; and
- It must be made in accordance with one of the six specified methods of disclosure as set out in ss 43C to 43H ERA 1996.
Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.
Please contact us if you require legal advice.