What is Qualifying Disclosure?

One of the requirements for an employee or a worker to be protected by the whistleblowing provisions of the Employment Rights Act 1996 (“ERA 1996”) is that he or she must make a ‘qualifying disclosure’. A disclosure is a “qualifying disclosure” if the following is satisfied:

The five conditions above must be satisfied in order for there to be a qualifying disclosure.

If a qualifying disclosure is made to a specified body or person, it is said to be a protected disclosure. Once a protected disclosure is made, the employee or worker is protected against detriments on the grounds of having made a qualifying disclosure. Employees are also protected against dismissal on the ground of making a protected disclosure and can bring an automatic unfair dismissal claim under section 103A ERA 1996 even if he or she has served less than two years’ of continuous service.

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.

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