Section 43B — Employment Rights Act 1996: Disclosures qualifying for protection.

Disclosures qualifying for protection. 43B 1 In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following—

a that a criminal offence has been committed, is being committed or is likely to be committed, b that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject, c that a miscarriage of justice has occurred, is occurring or is likely to occur, d that the health or safety of any individual has been, is being or is likely to be endangered, da that sexual harassment has occurred, is occurring or is likely to occur, e that the environment has been, is being or is likely to be damaged, or f that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

2 For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

3 A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

4 A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.

5 In this Part “ the relevant failure ”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1).