Before It Ends

CASE 4 MRS TAYLOR

PUBLIC INTEREST DISCLOSURE 

Public Interest Disclosure Act 1998, which came into force on 2 July 1999, governs on whistle-blowing. This Act has been incorporated in the ERA 1998, s.43A-L and 103A.

It increases the protection of an employee who 'in good faith' disclose information in the public interest. The definition of "good faith" means employee is not motivated by personal considerations. Such disclosure must not made for gain and maker should be reasonably believe it is true.

1. The qualifying conditions

• a. qualifying disclosure
• b. protected through appropriate channel
• c. detriment was sufficiently suffered.

#Ms Taylor make the risk known and resultantly dismissed, the burden of proof will be on her to demonstrate that she has made a protected disclosure and suffered loss as result.

In NHS Manchester v Fecitt,

it was held that the employer would not liable for any action of other employees. For example, no law preventing other from victimising whistle blower. The employer could only be liable if whistle blowing had materially influenced the way that the employer treated them.

1. Qualification of Disclose

     a. believe that criminal offence is likely to committed Babalu v Waltham

     b. fail or likely to fail the legal obligation 

     c. miscarriage of justice

     d. Health and Safety is likely to be endangered

     e. Environment is likely to be endangered

     f. Such information is likely to be concealed

The worker can 'blow the whistle' on wrongdoing depends on whether they feel they can tell their employer. The worker should check their employment or ask HR about their whistle blowing procedure. 

Employer can also tell the prescribed person or body if they think that 

     a. employer will cover it up

     b. would treat them unfairly if they complain 

     c. told them but have not sorted out

Mrs Taylor should consider whether she can tell the employer, ie senior manager. If she feels that by doing so, she will be treated unfairly or employer will try to cover it up, then she would be entitled to tell the prescribed body. In fact, she has told her manager about the HS issues yet it had not been sorted out. Therefore, in this case, she would be entitled to tell PP.

Employee should ensure that it will not be an criminal act, such as breach of the official secrets act. Bolton v Evan. 

2. Appropriate Channel

There are 6 appropriate channel

a. in good faith to his employer

b. Legal advise (solicitor)

c. If employer was appointed by a minister, disclose with good faith to Minister

d. Public Interest Disclosure (Prescribed Person) Order 1999

e. Substantially true by not making personal gain, such disclosure was reasonably made:

     i. believe subject to detriment

     ii. disclose will be concealed/ destroy

     iii. already made to employer

     * Reasonableness subject to:

          i. identify the person to whom made

          ii. seriousness

          iii. future

          iv. duty of confidentiality

          v. previous disclosure

          vi. procedure

f. Only protected if

     i. good faith

     ii. reasonable believe to be true

     iii. no personal gain

     iv. serious

     v. Reasonable to disclose

3. Detriment suffered

Employee has the right to not be unfairly dismissed or make redundant.

Note that: 

a. 103A ERA 1996 stated that any dismissal will automatically be unfair

b. No ceiling for compensation

c. Any agreement precluding PD is automatically void.

d. Detriment includes even after the employment