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Consultations

Consultation on employment tribunal claims and the Public Interest Disclosure

Open date: 03 Jul 2009

Closing date: 02 Oct 2009

Response date: 15 Jan 2010

Background to consultation

Employment tribunals determine complaints made where claimants believe that they have suffered a detriment at work, or have been dismissed for making a protected disclosure (“whistleblowing”) under the Public Interest Disclosure Act 1998 (“PIDA”). The tribunals do not make any assessment of, or take any action on, the issue underlying the allegation, as these matters do not fall within their powers or area of expertise.

The issue of how allegations of underlying abuse in PIDA cases might be addressed was raised during the passage of the Employment Act 2008. Government committed to explore whether there was a practical process which would enable the substance of allegations giving rise to PIDA claims to the employment tribunals to be assessed and where appropriate acted upon, without involving the release of unsubstantiated allegations into the public domain. It was envisaged this would involve information being passed from the employment tribunals to the relevant regulators (“prescribed persons” under PIDA). This would mean that the regulator could take action where appropriate in accordance with their own practices and procedures. It would then be a matter for the regulator to address instances of unlawful, fraudulent or dangerous behaviour.

Purpose of consultation

To develop a practical method of passing employment tribunal papers to the relevant regulator for claims made under PIDA. The preferred process and approach to implementation set out in the document have been developed in collaboration with the Tribunals Service, regulators and stakeholders.

Areas for consultation

We are seeking views on the proposed process; obtaining express consent of the claimant; the draft statutory instrument to amend the employment tribunal rules; and phased implementation.