An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes
The Public Interest Disclosure Act 1998 (c. 23) is an Act of the Parliament of the United Kingdom that protects whistleblowers from detrimental treatment by their employer. Influenced by various financial scandals and accidents, along with the report of the Committee on Standards in Public Life, the bill was introduced to Parliament by Richard Shepherd and given government support, on the condition that it become an amendment to the Employment Rights Act 1996. After receiving the Royal Assent on 2 July 1998, the Act came into force on 2 July 1999. It protects employees who make disclosures of certain types of information, including evidence of illegal activity or damage to the environment, from retribution from their employers, such as dismissal or being passed over for promotion. In cases where such retribution takes place the employee may bring a case before an employment tribunal, which can award compensation.
As a result of the Act, many more employers have instituted internal whistleblowing procedures, although only 38 percent of individuals surveyed worked for a company with such procedures in place [citation needed]. The Act has been criticised for failing to force employers to institute such a policy, containing no provisions preventing the "blacklisting" of employees who make such disclosures, and failing to protect the employee from libel proceedings should their allegation turn out to be false.
Under the Act a non-disclosure agreement (NDA) between an employer and employee, often a condition of compensation for loss of employment for some reason, does not remove a worker’s right to make a protected disclosure, i.e. to blow the whistle.[1][2] In 2019 a consultation was held on adding limitations on confidentiality clauses, following evidence that some employers used confidentiality clauses to intimidate victims of harassment or discrimination into silence, suggesting that the worker did not have the right to blow the whistle, take a matter to a tribunal, or even discuss with people such as the police, a doctor, or a therapist.[1]
^ ab"Consultation on Confidentiality Clauses" (PDF). UK Department for Business, Energy & Industrial Strategy. March 2019.
^Rianna Croxford (17 April 2019). "UK universities face 'gagging order' criticism". BBC News.
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