Search Legislation

Employment Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Power to reduce compensation where disclosure not made in good faith

This section has no associated Explanatory Notes

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%..

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

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.

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 enacted 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