The Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/579

2018No. 579

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) Regulations 2018

Made2ndMay2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 49B(1), (4) and (6) and 236(5) of the Employment Rights Act 1996( 1).

In accordance with section 236(3)( 2) of that Act, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 49B(8) of that Act, the Secretary of State has consulted the Welsh Ministers before prescribing certain Welsh NHS bodies for the purposes of the definition of “NHS employer” in section 49B(6) of that Act by virtue of provision made in regulation 2.

In accordance with section 49B(9) of that Act, the Secretary of State has consulted the Scottish Ministers before prescribing certain Scottish NHS bodies for the purposes of the definition of “NHS employer” in section 49B(6) of that Act by virtue of provision made in regulation 2.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018.

(2) These Regulations come into force 21 days after the day on which they are made.

(3) These Regulations extend to England and Wales and Scotland.

NHS public bodies prescribed for the purposes of the definition of “NHS employer”

2. The NHS public bodies prescribed for the purposes of section 49B(6) of the Employment Rights Act 1996 (which defines “NHS employer” by reference to those NHS public bodies that are prescribed by regulations) are the bodies listed in paragraphs (a) to (p) of subsection (7) of that section.

Prohibition of discrimination because of protected disclosure

3. An NHS employer( 3) must not discriminate( 4) against an applicant( 5) because it appears to the NHS employer that the applicant has made a protected disclosure( 6).

Right of complaint to an employment tribunal

4.—(1) An applicant has a right of complaint to an employment tribunal( 7) against an NHS employer if the NHS employer contravenes regulation 3.

(2) If there are facts from which the employment tribunal could decide, in the absence of any other explanation, that an NHS employer contravened regulation 3, the tribunal must find that such a contravention occurred unless the NHS employer shows that it did not contravene regulation 3.

Time limit for proceedings under regulation 4

5.—(1) Subject to paragraph (4), an employment tribunal must not consider a complaint under regulation 4 unless it is presented to the tribunal before the end of the period of three months beginning with the date of the conduct to which the complaint relates.

(2) An employment tribunal may consider a complaint under regulation 4 that is otherwise out of time if, in all the circumstances of the case, it considers it just and equitable to do so.

(3) In the cases specified in paragraphs (a) to (e), the date of the conduct to which a complaint under regulation 4 relates is—

(a) in the case of a decision by an NHS employer not to employ or appoint an applicant, the date that decision was communicated to the applicant;

(b) in the case of a deliberate omission—

(i) to entertain and process an applicant's application or enquiry, or

(ii) to offer a contract of employment, a contract to do work personally, or an appointment to an office or post,

the end of the period within which it was reasonable to expect the NHS employer to act;

(c) in the case of conduct which causes an applicant to withdraw or no longer pursue an application or enquiry, the date of that conduct;

(d) in a case where the NHS employer withdrew an offer, the date when the offer was withdrawn;

(e) in any other case where the NHS employer made an offer which was not accepted, the date when the NHS employer made the offer.

(4) Where a complaint under regulation 4 relates to conduct extending over a period, the conduct is to be treated as done at the end of the period.

Remedies in proceedings under regulation 4

6. Where...

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