Small Business, Enterprise and Employment Act 2015

148 Protected disclosures: reporting requirements

(1) The Employment Rights Act 1996 is amended as follows.

(2) In Part 4A (protected disclosures), after section 43F insert—

“43FA Prescribed persons: duty to report on disclosures of information

(1) The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual report on disclosures of information made to the person by workers.

(2) The regulations must set out the matters that are to be covered in a report, but must not require a report to provide detail that would enable either of the following to be identified—

(a) a worker who has made a disclosure;

(b) an employer or other person in respect of whom a disclosure has been made.

(3) The regulations must make provision about the publication of a report, and such provision may include (but is not limited to) any of the following requirements—

(a) to send the report to the Secretary of State for laying before Parliament;

(b) to include the report in another report or in information required to be published by the prescribed person;

(c) to publish the report on a website.

(4) The regulations may make provision about the time period within which a report must be produced and published.

(5) Regulations under subsections (2) to (4) may make different provision for different prescribed persons.”

(3) In section 236 (orders and regulations)—

(a) in subsection (3), before “43K(4)” insert “43FA (but see subsection (3A)),”;

(b) after subsection (3) insert—

“(3A) Subsection (3) does not apply to regulations under section 43FA that contain only the provision mentioned in section 43FA(2), (3) or (4).”