Protected Disclosures Act 2014
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PART 3 Protections | ||
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Protection of employees from dismissal for having made protected disclosure | ||
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11. (1) The Unfair Dismissals Act 1977 is amended— | ||
(a) in section 1 by inserting the following definitions: | ||
“ ‘protected disclosure’ has the meaning given by the Protected Disclosures Act 2014; | ||
‘relevant wrongdoing’ has the meaning given by the Protected Disclosures Act 2014;”; | ||
(b) in section 6 by inserting the following paragraph after paragraph (b) of subsection (2): | ||
“(ba) the employee having made a protected disclosure,”; | ||
(c) in section 6 by inserting the following subsection after subsection (2C): | ||
“(2D) Sections 3 and 4 do not apply to a case falling within paragraph (ba) of subsection (2) and that paragraph applies to a person who would otherwise be excluded from this Act by any of paragraphs (a) to (c) and (e) to (k) of section 2(1).”; | ||
(d) in section 7 by inserting the following subsection after subsection (1): | ||
“(1A) In relation to a case falling within section 6(2)(ba) the reference in subsection (1)(c)(i) to 104 weeks has effect as if it were a reference to 260 weeks.”; | ||
and | ||
(e) in section 7 by inserting the following subsection after subsection (2A): | ||
“(2B) Where— | ||
(a) the dismissal of an employee results wholly or mainly from the employee having made a protected disclosure, and | ||
(b) the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the disclosure, | ||
the amount of compensation that is just and equitable may be up to 25 per cent less than the amount that it would otherwise be.”. | ||
(2) Schedule 1 contains provisions for interim relief in cases where a claim is brought for redress for a dismissal which is an unfair dismissal by virtue of section 6(2)(ba) (inserted by subsection (1)) of the Unfair Dismissals Act 1977 . |