Department for Business, Innovation and Skills (BIS) responds to draft employment tribunal legislation on protected disclosure

The Department for Business, Skills and Innovation (BIS) has responded to draft legislation due to come into force on 6 April 2010, whereby claimants to UK employment tribunals will be able to tick a box on the ET1 claim form indicating whether their claim relates to the Public Interest Disclosure Act 1998 (PIDA).

The Public Interest Disclosure Act 1998 (PIDA), which came into force on 2nd July 1999, inserted provisions into the Employments Rights Act 1996, to give protection to whistleblowers who raise concerns, by making a protected disclosure, about serious fraud or malpractice in their place of work against victimisation or dismissal, provided they have acted in a responsible way when dealing with their concerns.  Qualifying disclosures cover criminal offences, failure to comply with legal obligations, miscarriages of justice, health and safety and environmental risks.

Following last year’s government consultation, the BIS agreed with suggestions made by respondents, including the Law Society, that an option of confidentiality should be available to the claimant in the matter of protected disclosures. The draft Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010, also includes a list of regulators to which the tribunal may disclose information on claimants’ allegations of workplace malpractice.