What is a protected disclosure?

To be a protected disclosure, the information must be disclosed to one of the categories of person listed in section 1 of PIDA. There are six potential categories, including regulators such as the Health and Safety Executive, HMRC or the Care Quality Commission. The law is designed to strongly discourage workers from making disclosures to the media or for personal gain.

A worker is protected if the allegation later turns out to be mistaken, as long as they reasonably believed it to be true.

Compensation is uncapped and an award of injury to feelings can be made. Interim relief can be claimed if a claimant can show they are “likely” to succeed in showing that their dismissal was for whistleblowing. Interim relief must be sought within seven days of dismissal (see Chapter 5).