- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Employment Act (Northern Ireland) 2016, Cross Heading: Protected disclosures.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
13 In Article 67B of the Employment Rights (Northern Ireland) Order 1996 (disclosures qualifying for protection), in paragraph (1), after “in the reasonable belief of the worker making the disclosure,” insert “ is made in the public interest and ”.
Commencement Information
I1S. 13 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
14—(1) Omit the words “in good faith” in the following provisions of Part 5A of the Employment Rights (Northern Ireland) Order 1996 (protected disclosures)—
(a)paragraph (1) of Article 67C (disclosure to employer or other responsible person);
(b)paragraph (b) of Article 67E (disclosure to Minister of the Crown or Northern Ireland department);
(c)paragraph (1)(a) of Article 67F (disclosure to prescribed person).
(2) In Article 67G of that Order (disclosure in other cases), in paragraph (1)—
(a)omit sub-paragraph (a);
(b)in sub-paragraph (b), for “he” substitute “ the worker ”.
(3) In Article 67H of that Order (disclosure of exceptionally serious failures), in paragraph (1)—
(a)omit sub-paragraph (a);
(b)in sub-paragraph (b), for “he” substitute “ the worker ”.
(4) In Article 72 of that Order (remedies), after paragraph (6) insert—
“(6A) Where—
(a)the complaint is made under Article 71(1A), and
(b)it appears to the tribunal that the protected disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.”.
(5) In Article 157 of that Order (compensatory award), after paragraph (6) insert—
“(6A) Where—
(a)the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure; and
(b)it appears to the tribunal that the disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.”.
Commencement Information
I2S. 14 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
15 After Article 67F of the Employment Rights (Northern Ireland) Order 1996 (disclosure to prescribed person) insert—
67FA—(1) The Department may make regulations requiring a person prescribed for the purposes of Article 67F 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 Department for laying before the Assembly or to the Secretary of State for laying before both Houses of 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.”.
Commencement Information
I3S. 15 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
16—(1) In Article 70B of the Employment Rights (Northern Ireland) Order 1996 (protected disclosures), after paragraph (1) insert—
“(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—
(a)by another worker of W's employer in the course of that other worker's employment, or
(b)by an agent of W's employer with the employer's authority,
on the ground that W has made a protected disclosure.
(1B) Where a worker is subjected to detriment by anything done as mentioned in paragraph (1A), that thing is treated as also done by the worker's employer.
(1C) For the purposes of paragraph (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker's employer.
(1D) In proceedings against W's employer in respect of anything alleged to have been done as mentioned in paragraph (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—
(a)from doing that thing, or
(b)from doing anything of that description.
(1E) A worker or agent of W's employer is not liable by reason of paragraph (1A) for doing something that subjects W to detriment if—
(a)the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Order, and
(b)it is reasonable for the worker or agent to rely on the statement.
But this does not prevent the employer from being liable by reason of paragraph (1B).”.
(2) In Article 71 of that Order (complaints to industrial tribunals), in paragraph (5)—
(a)for “includes, where” substitute “includes—
“(a)where”;
(b)at the end insert—
“(b)in the case of proceedings against a worker or agent under Article 70B(1A), the worker or agent.”.
Commencement Information
I4S. 16 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
17—(1) Article 67K of the Employment Rights (Northern Ireland) Order 1996 (extension of meaning of “worker”) is amended as follows.
(2) In paragraph (1), after sub-paragraph (c) insert—
“(ca)is or was provided with work experience provided pursuant to a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council in accordance with Article 15(6)(a) of the Nursing and Midwifery Order 2001 (S.I. 2002/253); or”.
(3) In paragraph (2)(c), after “sub-paragraph” insert “ (ca) or ”.
(4) After paragraph (3) add—
“(4) The Department may by order make amendments to this Article as to what individuals count as “workers” for the purposes of this Part (despite not being within the definition in Article 3(3)).
(5) An order under paragraph (4) may not make an amendment that has the effect of removing a category of individual unless the Department is satisfied that there are no longer any individuals in that category.”.
Commencement Information
I5S. 17 in operation at 1.10.2017 by S.R. 2017/199, art. 2(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: