protected disclosure
📖 What is protected disclosure? Meaning and definition
In UK employment law, a protected disclosure is a formal complaint or revelation made by an employee about certain types of wrongdoing in the workplace. These disclosures are 'protected' because the law aims to prevent employees from being penalised for raising legitimate concerns. If an employee makes a protected disclosure and subsequently experiences 'detriments' – meaning they suffer negative consequences or unfair treatment in the workplace – they may have grounds to bring a claim against their employer.
Employment Tribunals frequently deal with cases where claimants allege they suffered detriments after making protected disclosures. The process often involves the claimant identifying specific instances or 'alleged protected disclosures' they made, and the employer (respondent) then either agreeing that these were protected disclosures or denying it, providing reasons for their denial. The Tribunal will then assess the evidence to determine if the disclosures meet the legal criteria for protection and if the alleged detriments were indeed a result of those disclosures.
It's important to note that there are time limits for bringing such claims. For instance, ACAS early conciliation must generally begin within a certain period after the detrimental treatment occurs. If a claim is presented outside the normal time limit, the Tribunal will only have jurisdiction to consider it if it was not reasonably practicable to present the claim in time and it was presented within a reasonable time after that. This highlights the importance of acting promptly if you believe you have suffered a detriment due to a protected disclosure.
📋 Requirements
- The disclosure must be made in the workplace.
- The disclosure must be of a type that qualifies for legal protection.
- The claimant must have suffered detriments in the workplace.
- The detriments must have occurred after the protected disclosure was made.
📝 Procedure
- The claimant starts ACAS early conciliation.
- The claimant receives an ACAS certificate.
- The claimant submits an ET1 form to the Employment Tribunal.
- The Tribunal hears evidence, including witness statements and documents.
- The Tribunal determines if disclosures were protected and if detriments occurred as a result.
💡 Examples
- An employee complains to management about unsafe working conditions and is subsequently denied a promotion they were due.
- A worker reports financial irregularities within their department and then finds their workload significantly increased without justification.
- A staff member raises concerns about a colleague's inappropriate conduct and is later excluded from team meetings and projects.
- An individual reports a breach of company policy and subsequently experiences a reduction in their working hours.
📚 Legal basis
- Employment Tribunals Rules of Procedure 2024
❓ Frequently asked questions
What does 'suffered detriments' mean in the context of a protected disclosure?
Suffering detriments means experiencing negative consequences or unfair treatment in the workplace, such as being disciplined, demoted, or excluded, after making a protected disclosure. The law aims to protect employees from such adverse actions.
How many protected disclosures can an employee make?
An employee can make multiple protected disclosures. Tribunals often consider a table setting out several alleged protected disclosures that a claimant wishes to rely on in their case.
Is there a time limit for bringing a claim about a protected disclosure detriment?
Yes, there are strict time limits. ACAS early conciliation must typically begin within a certain period after the detrimental treatment. If a claim is presented late, the Tribunal will only consider it if it was not reasonably practicable to present it on time and it was presented within a reasonable time afterwards.
What happens if my employer denies that my disclosure was 'protected'?
If your employer denies that your disclosure was protected, the Employment Tribunal will hear arguments and evidence from both sides to determine whether the disclosure meets the legal criteria for protection under the relevant legislation.
Do I need to go through ACAS early conciliation before making a claim?
Yes, ACAS early conciliation is generally a mandatory step before submitting an ET1 form to the Employment Tribunal for a protected disclosure detriment complaint. This process aims to resolve disputes without the need for a full tribunal hearing.
Can I get compensation if I win a protected disclosure detriment claim?
If an Employment Tribunal finds that you suffered detriments after making a protected disclosure, you may be entitled to compensation for your losses. The specific amount would depend on the circumstances of your case.