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Whistleblowing claims to be sent to regulators


Whistleblowing claims to be sent to regulators

Following consultation, the Government have confirmed that
legislation will be amended from 6 April 2010 which will require the
Tribunals Service to provide to the relevant regulator a copy of the
whole, or part, of any ET1 which alleges that a protected disclosure has
been made under the whistleblowing provisions of the Employment Rights
Act 1996.

Following a favourable response to consultation on a proposal to
allow the Tribunals Service to forward to the relevant regulator details
of protected disclosures alleged in whistleblowing claim to enable the
regulator to take any steps that they consider appropriate, the
Government have confirmed the key provisions for introducing the new
statutory regime: 

  1. ET1s will be amended to provide a tick box enquiring as to
    whether the claimant is happy for the disclosure to be passed on.
  2. If a claimant gives consent, the disclosure will be passed on to
    the relevant regulator when the ET1 is received by the Tribunals
    Service.
  3. The claimant and respondent will receive confirmation in writing
    of to whom the disclosure has been sent.
  4. The relevant regulators will be the same as those on the list of
    ‘prescribed persons’ listed in the Public Interest Disclosure
    (Prescribed Persons) Order 1999 (the original proposal to phase in
    Regulators covered by the new scheme has been dropped).
  5. The new procedure will apply to any revised version of the ET1
    with an accepted whistleblowing claim received on or after 6 April 2010.

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