Protected Disclosures Act 2014
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Tort action for suffering detriment because of making protected disclosure | ||
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13. (1) If a person causes detriment to another person because the other person or a third person made a protected disclosure, the person to whom the detriment is caused has a right of action in tort against the person by whom the detriment is caused. | ||
(2) A person may not both— | ||
(a) pursue a right of action under subsection (1) against a person in respect of a matter, and | ||
(b) in respect of the same matter make or present against the same person— | ||
(i) a claim for redress under the Unfair Dismissals Acts 1977 to 2007, | ||
(ii) a complaint under Schedule 2 , or | ||
(iii) a complaint under section 114 of the Defence Act 1954 or section 6 of the Ombudsman (Defence Forces) Act 2004 . | ||
(3) In subsection (1) “detriment” includes— | ||
(a) coercion, intimidation or harassment, | ||
(b) discrimination, disadvantage or adverse treatment in relation to employment (or prospective employment), | ||
(c) injury, damage or loss, and | ||
(d) threat of reprisal. |