Search Legislation

The Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Discrimination by worker or agent of NHS employer

This section has no associated Explanatory Memorandum

9.—(1) Discrimination by a worker(1) of an NHS employer is to be treated, for the purposes of these Regulations, as discrimination by the NHS employer where the discriminatory conduct occurs in the course of the worker’s employment.

(2) It does not matter whether the NHS employer knows about or approves the conduct of the worker.

(3) Discrimination by an agent of an NHS employer is to be treated, for the purposes of these Regulations, as discrimination by the NHS employer where the discriminatory conduct occurs with the authority of the NHS employer.

(4) In proceedings under regulation 4 or 8, in respect of anything alleged to have been done in the course of employment by a worker of an NHS employer, or anything alleged to have been done by an agent acting with the authority of the NHS employer, it is a defence for the NHS employer to show that it took all reasonable steps to prevent the worker or agent—

(a)from doing that thing; or

(b)from doing anything of that description.

(1)

See sections 43K and 230 of the 1996 Act as to the definition of “worker” and “employment”. Section 43K was inserted by section 1 of the 1998 Act, amended by paragraph 65 of Schedule 11 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraphs 177 and 178 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43), paragraphs 72 and 73 of Schedule 5 to the Health and Social Care Act 2012 (c.7) and section 20 of the Enterprise and Regulatory Reform Act 2013 (c.24) and by S.I. 2004/957, 2006/1056 (from a date to be appointed), 2007/961 and 2015/491, and modified by S.S.I. 2004/163. Section 230 of the 1996 Act was amended by section 15 of the 1998 Act and section 149 of the 2015 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources