After Part IV of the
In this Act a “protected disclosure” means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections 43C to 43H.that a criminal offence has been committed, is being committed or is likely to be committed,that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,that a miscarriage of justice has occurred, is occurring or is likely to occur,that the health or safety of any individual has been, is being or is likely to be endangered,that the environment has been, is being or is likely to be damaged, orthat information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.For the purposes of subsection (1) , it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.In this Part “the relevant failure”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1) .to his employer, orthe conduct of a person other than his employer, orany other matter for which a person other than his employer has legal responsibility,A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer.A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.an individual appointed under any enactment by a Minister of the Crown, ora body any of whose members are so appointed, andthe disclosure is made in good faith to a Minister of the Crown.makes the disclosure in good faith to a person prescribed by an order made by the Secretary of State for the purposes of this section, andthat the relevant failure falls within any description of matters in respect of which that person is so prescribed, andthat the information disclosed, and any allegation contained in it, are substantially true.An order prescribing persons for the purposes of this section may specify persons or descriptions of persons, and shall specify the descriptions of matters in respect of which each person, or persons of each description, is or are prescribed.the worker makes the disclosure in good faith,he reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,he does not make the disclosure for purposes of personal gain,any of the conditions in subsection (2) is met, andin all the circumstances of the case, it is reasonable for him to make the disclosure.that, at the time he makes the disclosure, the worker reasonably believes that he will be subjected to a detriment by his employer if he makes a disclosure to his employer or in accordance with section 43F,that, in a case where no person is prescribed for the purposes of section 43F in relation to the relevant failure, the worker reasonably believes that it is likely that evidence relating to the relevant failure will be concealed or destroyed if he makes a disclosure to his employer, orto his employer, orin accordance with section 43F.the identity of the person to whom the disclosure is made,the seriousness of the relevant failure,whether the relevant failure is continuing or is likely to occur in the future,whether the disclosure is made in breach of a duty of confidentiality owed by the employer to any other person,in a case falling within subsection (2) (c) (i) or (ii) , any action which the employer or the person to whom the previous disclosure in accordance with section 43F was made has taken or might reasonably be expected to have taken as a result of the previous disclosure, andin a case falling within subsection (2) (c) (i) , whether in making the disclosure to the employer the worker complied with any procedure whose use by him was authorised by the employer.For the purposes of this section a subsequent disclosure may be regarded as a disclosure of substantially the same information as that disclosed by a previous disclosure as mentioned in subsection (2) (c) even though the subsequent disclosure extends to information about action taken or not taken by any person as a result of the previous disclosure.the worker makes the disclosure in good faith,he reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,he does not make the disclosure for purposes of personal gain,the relevant failure is of an exceptionally serious nature, andin all the circumstances of the case, it is reasonable for him to make the disclosure.In determining for the purposes of subsection (1) (e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to the identity of the person to whom the disclosure is made.Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure.This section applies to any agreement between a worker and his employer (whether a worker’s contract or not) , including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract.
