TOP TIP FOR LITIGANTS IN PERSON - By Sian Gissing-McMeel
THE PUBLIC INTERESTS DISCLOSURE ACT 1998
The Public Interest Disclosure Act 1998 (PIDA) is a primary legislation in the United Kingdom that aims to protect whistleblowers who raise concerns about wrongdoing in the workplace.
It was passed in response to various corporate scandals and aims to encourage employees to report illegal activities, corruption, health and safety violations, or any other wrongdoing within an organisation without fear of reprisal.
The PIDA provides protection for individuals who make "protected disclosures" in the course of their employment, meaning they report information that they reasonably believe is in the public interest. It protects whistleblowers from unfair treatment, including dismissal, unfair disciplinary action, and victimisation, for speaking out about such concerns.
Under the Act, whistleblowers who make protected disclosures are granted certain rights and remedies. These include the right not to suffer detriment or unfair dismissal as a result of their whistleblowing, the right to claim compensation if they suffer losses due to victimisation, and the ability to make claims directly to an employment tribunal.
To be eligible for protection under the PIDA, whistleblowers must disclose their concerns to the appropriate person or authority within the organisation, such as a supervisor, a designated officer, or certain external bodies. The disclosure must be made in good faith and in the belief that the information disclosed is substantially true. The Act also sets out a mechanism for public interest disclosures to be investigated by relevant authorities or regulators if necessary.
Overall, the Public Interest Disclosure Act 1998 plays a crucial role in encouraging individuals to come forward and report wrongdoing, ensuring their protection against retaliation, and promoting transparency and accountability in both public and private organisations.
Whistleblowers are protected under various sections of the Public Interest Disclosure Act 1998 (PIDA). The key section that provides protection is Section 1, which sets out the definition of a "protected disclosure" and the conditions that whistleblowers must meet to receive protection. Under Section 1, a disclosure qualifies as protected if it is made in good faith by an employee or worker, with a reasonable belief that the information being disclosed shows one or more of the following:
1. A criminal offence has been committed, is being committed, or is likely to be committed.
2. A breach of any legal obligation has occurred, is occurring, or is likely to occur.
3. A miscarriage of justice has happened, is happening, or is likely to happen.
4. The health or safety of individuals is endangered or at risk.
5. Damage to the environment has occurred, is occurring, or is likely to occur.
6. Deliberate concealment of information related to any of the above.
In addition to Section 1, other sections of the PIDA provides protection to whistleblowers.
Section 2 protects employees from suffering a detriment as a result of making a protected disclosure, while Section 4 protects them from being unfairly dismissed due to whistleblowing.
Section 7 allows whistleblowers to receive compensation if they suffer losses or injury due to victimisation. It's important to note that the PIDA's protection does not apply in certain situations, such as disclosures made in bad faith, disclosures in breach of confidentiality agreements, or disclosures that fall under legal professional privilege.
Although these could still be legally challenged. Overall, the provisions outlined in various sections of the PIDA work together to protect whistleblowers from unfair treatment, dismissal, and victimisation, allowing them to disclose important information in the public interest without fear of reprisal. How you found this legal knowledge useful. Please share. #knowledge is power #whistleblower #ExposeTheCorrupt #HumanRights