When May A Disclosure At Work Be "Protected"?

• Published date: 08 May 2023
• Subject Matter: Employment and HR, Contract of Employment, Health & Safety
• Law Firm: Blaser Mills
• Author: Mr Ben Lindsay and Noel Deans

Issues occur at work and are often of a personal or commercial nature, which are unlikely to be protected. However, sometimes, they may affect others and possibly be safeguarded.

Certain disclosures of information at work may qualify the worker for protection against resulting detrimental treatment.

What is a "qualifying disclosure"?

Broadly speaking, a qualifying disclosure is a disclosure of information which, in the reasonable belief of the worker, is made in the public interest and tends to show any of the following types of wrongdoing or failure:

• Criminal offences.
• Breach of any legal obligation.
• Miscarriages of justice.
• Danger to the health and safety of any individual.
• Damage to the environment.
• The deliberate concealing of information about any of the above.

The wrongdoing can be past, present, prospective, or merely alleged.

What is a "disclosure"?

The legislation is unclear about what amounts to a disclosure of information. However, case law shows that the disclosure can be made in writing or verbally but must convey facts (and not mere allegations of wrongdoing).

Is the disclosure "in the public interest"?

The relevant test is whether the worker had a reasonable belief that the disclosure was made in the public interest. In practice, this issue is fact sensitive.

When considering whether the worker had a reasonable belief, the...