Commentary

E. The right not to be discriminated against

Division CIII Whistleblowing
| Commentary

E. The right not to be discriminated against

| Commentary

E.     The right not to be discriminated against

An NHS employer must not discriminate against an applicant because it appears to the NHS employer that the applicant has made a protected disclosure (SI 2018/579 reg 3). For these purposes, it is provided in ERA 1996 s 49B(3) that an NHS employer discriminates against an applicant if it refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract, office or post. This is a simpler formulation

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