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You are viewing the version of the document as on 2022-11-25.

protected disclosure

  1. 132(a) a “qualifying disclosure” as defined in section 43B of the Employment Rights Act 1996 (and summarised in (b) below) made by a worker in accordance with sections 43C to 43H of the Employment Rights Act 1996;
  2. (b) a qualifying disclosure is, in summary, a disclosure, made in the public interest, of information which, in the reasonable belief of the worker making the disclosure, tends to show that one or more of the following (a "failure") has been, is being, or is likely to be, committed:
    1. (i) a criminal offence; or
    2. (ii) a failure to comply with any legal obligation; or
    3. (iii) a miscarriage of justice; or
    4. (iv) the putting of the health and safety of an individual in danger; or
    5. (v) damage to the environment; or
    6. (vi) deliberate concealment relating to any of (i) to (v);
    it is immaterial whether the 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.