Legal Briefing
Education HR e-briefing: Tribunals to blow the whistle from April
Overview
The Public Interest Disclosure Act 1998 introduced protection from dismissal for employees who disclose improper or criminal activities on the part of their employer. However, at present, no such allegations raised in the context of an employment tribunal claim are reported to the appropriate investigating authorities (such as the Serious Fraud Office, Health & Safety Executive, HMRC, the Information Commissioner or Financial Service Authority) unless the individual decides to contact the authority directly. Even where allegations heard by the tribunal involve potentially serious fraud, health and safety breaches or financial irregularities, tribunals are unable to pass them on. It is, in any event, beyond the jurisdiction of the tribunal to determine the legitimacy of such allegations, its duties ending with what the employee believed to be the case and the consequential employment implications.
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