Moved by
Lord Low of Dalston
29: Before Clause 15, insert the following new Clause—
“Personal liability for victimisation on the ground that a worker has made a protected disclosure
After 47B of the Employment Rights Act 1996 (protected disclosure) insert—
“47BA Liability of employees and agents
(1) A worker has the right not to be subjected to any detriment by any act by an employee or agent of his employer, done on the ground that the worker has made a protected disclosure.
(2) It does not matter whether in any proceedings the employer is found not to have contravened this Act by virtue of section 47BB(4).
(3) A does not contravene this section if—
(a) A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and
(b) it is reasonable for A to do so.
47BB Liability of employers and principals
(1) Anything done by person A in the course of A’s employment must be treated as also done by the employer.
(2) Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.
(3) It does not matter whether that thing is done with the employer’s or principal’s knowledge or approval.
(4) In proceedings against A’s employer B in respect of anything alleged to have been done by A in the course of A’s employment, it is a defence for B to show that B took all reasonable steps to prevent A—
(a) from doing that thing, or
(b) from doing anything of that description.””