Public Interest Disclosure Act 1998 (external link)
The Public Interest Disclosure Act 1998 protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about
- the kinds of disclosures which may be protected
- the circumstances in which such disclosures are protected
- and the persons who may be protected.
The Act protects workers in a number of ways:
- if an employee is dismissed because he has made a protected disclosure that will be treated as unfair dismissal
- workers are given a new right not to be subjected to any ‘detriment’ by their employers on the ground that they have made a protected disclosure, and to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure.
The Act does not apply to self-employed professionals (other than in the NHS), voluntary workers (including charity trustees and charity volunteers), police officers or the intelligence services.
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There have been cases in the past where members of staff have made public disclosures - to media, MPs, unions, which have alerted relatives or complainants to situations they were unaware of - and subsequently they made a complaint.
Sometimes too, staff may inform relatives about what has happened in relation to an incident in a "whistle-blowing" way: the ICAS advocate may be asked by the complainant what the status of that disclosure would be. The Act clarifies these situations.
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Department for Trade & Industry (DTI) guide to the Public Interest Disclosure Act (external link)
Public Concern at Work guide to the Public Interest Disclosure Act (external link)
“It encourages people to raise concerns about malpractice in the workplace and will help ensure that organisations respond by
- addressing the message rather than the messenger; and
- resisting the temptation to cover up serious malpractice.
Through protecting whistleblowers from dismissal and victimisation in the following circumstances, the Act promotes the public interest.”
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