The following Financial Services guidance note provides comprehensive and up to date legal information covering:
Under the Employment Rights Act 1996 (ERA 1996), as amended by the Public Interest Disclosure Act 1998 (PIDA 1998) and as further amended by the Enterprise and Regulatory Reform Act 2016, any agreement between employees and their employer is void in so far as it purports to prevent the employee from making a protected disclosure. A disclosure qualifies as protected if it is a disclosure of information:
which the worker reasonably believes is made in the public interest and tends to show one or more of certain types of wrongdoing including criminal offences, failing to comply with legal obligations, miscarriages of justice, endangerment of health or safety, damage to the environment, or deliberate concealment of any of these things (a 'qualifying disclosure'), and
made in one of the protected manners e.g, to the worker's employer (or in some circumstances to another individual responsible for the wrongdoing), or made in the course of obtaining legal advice, or in certain circumstances made to a Minister of the Crown, relevant regulatory authority (a prescribed person) or in exceptional circumstances to other bodies or persons, subject to a variety of conditions being met
The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are each prescribed persons.
For more information on the whistleblowing provisions of
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