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Legislation
Employment Rights Act 1996

Part IVA Protected disclosures

  • Section 43A Meaning of “protected disclosure”.
  • Section 43B Disclosures qualifying for protection.
  • Section 43C Disclosure to employer or other responsible person.
  • Section 43D Disclosure to legal adviser.
  • Section 43E Disclosure to Minister of the Crown.
  • Section 43F Disclosure to prescribed person.
  • Section 43FA Prescribed persons: duty to report on disclosures of information
  • Section 43G Disclosure in other cases.
  • Section 43H Disclosure of exceptionally serious failure.
  • Section 43J Contractual duties of confidentiality.
  • Section 43K Extension of meaning of “worker” etc. for Part IVA.
  • Section 43KA Application of this Part and related provisions to police
  • Section 43L Other interpretative provisions.
  1. Part IVA
  2. Disclosure of exceptionally serious failure.

Section 43H | Disclosure of exceptionally serious failure. F1

From legislation.gov.uk

(1)A qualifying disclosure is made in accordance with this section if—

(a)RepealedF2

(b)the worker reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,F3

(c)he does not make the disclosure for purposes of personal gain,

(d)the relevant failure is of an exceptionally serious nature, and

(e)in all the circumstances of the case, it is reasonable for him to make the disclosure.

(2)In determining for the purposes of subsection (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to the identity of the person to whom the disclosure is made.

Notes

  1. F1

    Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2

  2. F2

    S. 43H(1)(a) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(3)(a), 103(2) (with s. 24(6))

  3. F3

    Words in s. 43H(1)(b) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(3)(b), 103(2) (with s. 24(6))

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