Public Interest Disclosure Act 1998 (PIDA) s103 ERA

REMEMBER TO MENTION THIS IN THE EXAM AS WELL !!!!!!!!

Principle if e/ee loses job cos of disclosing info he is protected from both dismissal – See Accident attorney Abogados

(s103a ERA) and suffering a detriment (s47b ERA) –

a.k.a. Whistleblower’s charter.

 Protection for employees who disclose wrongdoings by their employers to a third

party in specific circumstances.

 Needs to be a qualifying disclosure, ie any disclosure which “in the reasonable belief

of the worker” tends to show one or more of the following:

o A criminal offence

o National security

o Failure to comply with legal oblig

o A miscarriage of justice

o H&S of an individual is endangered

o Environment is being damaged

o Info relating to above is being deliberately concealed.

o Anything where there is a public interest issue

There can be a qualifying disclosure even if employee is wrong, so long as the

employee was reasonably mistaken.

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 Disclosure must be made to the appropriate person, ie employer, H&S rep, legal

advisor, inland revenue.

 Must consult the employer/company first,

 Ie, try proper channels first and if they don’t work try an outside body

 cannot disclose to the papers, for example, at the first instance.

 Disclosure must be made in good faith, reasonably believing the info disclosed is

substantially true, which is not made for personal gain.

 Where an employee has made a permitted disclosure and is dismissed for that

reason, then that is automatic UD. No qualifying period of service is needed. No

limits on awards of compo and tribunal can order reinstatement or re-engagement.

It is unlawful to subject an employee who has made a permitted disclosure to any

other detriment. Cannot contract out of PIDA.

Damages if it’s automatically unfair, there is no limit on compensation