LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 5

Whistleblowing — the Public Interest Disclosure Act 1998

[ch 5: page 102]

The Public Interest Disclosure Act 1998 (PIDA) gives employees and workers specific legal rights if they disclose information about alleged wrongdoing at work, including alleged breaches of duty in relation to health, safety and welfare. In Northern Ireland, the Public Interest Disclosure (Northern Ireland) Order 1988 provides similar rights.

PIDA gives workers the right not to suffer a detriment (such as the loss of a promotion) or be victimised (for example being unjustly disciplined) for “blowing the whistle”. In the case of employees, PIDA protects them from unfair dismissal. Any dismissal for making a protected disclosure would be automatically unfair. PIDA protection is available from day one of employment.