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A number of provisions of the Enterprise and Regulatory Reform Act 2013 are in force tomorrow. This includes the requirement that a disclosure must be made “in the public interest” to protect a worker from detrimental treatment. This will narrow down the scope for employees to bring whistleblowing claims as an alternative to unfair dismissal.
Previously, as long as the information disclosed tended to show that one of the protected categories had taken place (for example a criminal offence, or danger to health and safety), the worker would gain protection.
The change means that it is unlikely that a worker who blows the whistle about breaches of their own employment contract will be protected. There will undoubtedly be arguments over what “in the public interest” means. For example, does a worker who discloses to their manager that they are being discriminated against, and fear others are too, believe there to be a public interest in disclosing this information?
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.
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