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Whistle-Blowing - Doing The Right Thing.

Publication: Mondaq Business Briefing
Publication Date: 20-SEP-04
Format: Online - approximately 1389 words
Delivery: Immediate Online Access

Article Excerpt
The Public Disclosure Act 1998 protects individuals who make certain disclosures of information in the public interest. It protects them from victimisation.

It protects workers who are employees and also protects persons who

" (a) work or worked for a person in circumstances in which -

he is or was introduced or supplied to do that work by a third person, and

the term on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked by the third person or by both of thema"

This would seem to only apply in the employment sphere however.

There is compensation to be claimed if an employee were dismissed because of whistle-blowing. If he or she finds that a criminal offence has been committed or that a person has failed to comply with any legal obligation, and he or she reports it, it will be deemed to be a protected disclosure against which that person has protection from dismissal. The disclosure qualifies for protection so long as " the worker makes the disclosure in good faith, he reasonably believes that the information disclosed and any allegations contained in it, are...

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