Commentary

A. Whistleblowing detriment—Introduction to the right

Division CIII Whistleblowing
| Commentary

A. Whistleblowing detriment—Introduction to the right

| Commentary

8.     Whistleblowing detriment

Contributing Editor

IAN SMITH MA, LLB

of Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East Anglia

A.     Whistleblowing detriment—Introduction to the right

The general right not to suffer detriment (short of dismissal) due to having blown the whistle is contained at ERA 1996 s 47B(1) which provides as follows:

''A worker has the right not to be subject to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.''

No qualifying period of employment is necessary to claim this right. The claim is brought to an employment tribunal in the normal way. A precedent for an ET1 in such a case is to be found at U [243]; a precedent for a response is at U [314].

With effect from 25 June 2013, this general right against a worker's employer has been supplemented by an additional right for a whistleblower to bring a claim against an individual co-worker or agent of the employer who subjects them to a detriment because they have made a protected disclosure (

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