Features

Work matters: Policy Q&A: Whistle blowing - Employment tribunals may involve Ofsted

The latest laws on procedures following a claim by an employee that their employer is guilty of malpractice are outlined by Robert Collier.

The Public Interest Disclosure Act 1998 (the 'Act') came into force more than ten years ago in order to ensure that workers are not discouraged from blowing the whistle. New employment tribunal rules introduced this year widen the potential for alleged wrong-doing to come to the attention of Ofsted.

The Act protects employees and workers who have made a protected disclosure (blown the whistle) in the workplace about information concerning one of six relevant failures: (i) a criminal offence (ii) a risk to health and safety (iii) miscarriages of justice (iv) failure to comply with a legal obligation (v) damage to the environment (vi) concealment of information relating to any of those matters. This would certainly cover practices that put the safety or well-being of children at risk.

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