[49C Children's social care: regulations prohibiting discrimination because of protected disclosure]
[49C Children's social care: regulations prohibiting discrimination because of protected disclosure]

[(1)     The Secretary of State may make regulations prohibiting a relevant employer from discriminating against a person who applies for a children's social care position (an “applicant”) because it appears to the employer that the applicant has made a protected disclosure.

(2)     A “position” means a position in which a person works under—

(a)     a contract of employment,

(b)     a contract to do work personally, or

(c)     the terms of an appointment to an office or post.

(3)     A position is a “children's social care position” if the work done in it relates to the children's social care functions of a relevant employer.

(4)     For the purposes of subsection (1), a relevant employer discriminates against an applicant if the employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants for the same position.

(5)     Regulations under this section may, in particular—

(a)     make provision as to circumstances in which discrimination by a worker or agent of a relevant employer is to be treated, for the purposes of the regulations, as discrimination by the employer;

(b)     confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;

(c)     make provision for or about the grant or enforcement of specified remedies by a court or tribunal;

(d)     make provision for the making of awards of compensation calculated in accordance with the regulations;

(e)     make different provision for different cases or circumstances;

(f)     make incidental or consequential provision, including incidental or consequential provision amending—

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