Moved by
Viscount Younger of Leckie
33: After Clause 15, insert the following new Clause—
“Power to reduce compensation where disclosure not made in good faith
(1) Omit the words “in good faith” in the following provisions of Part 4A of the Employment Rights Act 1996 (protected disclosures)—
(a) subsection (1) of section 43C (disclosure to employer or other responsible person);
(b) paragraph (b) of section 43E (disclosure to Minister of the Crown);
(c) subsection (1)(a) of section 43F (disclosure to prescribed person).
(2) In section 43G of that Act (disclosure in other cases), in subsection (1)—
(a) omit paragraph (a);
(b) in paragraph (b), for “he” substitute “the worker”.
(3) In section 43H of that Act (disclosure of exceptionally serious failure), in subsection (1)—
(a) omit paragraph (a);
(b) in paragraph (b), for “he” substitute “the worker”.
(4) In section 49 of that Act (remedies for detriment suffered in employment), after subsection (6) insert—
“(6A) Where—
(a) the complaint is made under section 48(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 section 123 of that Act (compensatory award for unfair dismissal), after subsection (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 complainant by no more than 25%.””
34: After Clause 15, insert the following new Clause—
“Worker subjected to detriment by co-worker or agent of employer
(1) In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—
“(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—
(a) by another worker of W’s employer in the course of that other worker’s employment, or
(b) by an agent of W’s employer with the employer’s authority,
on the ground that W has made a protected disclosure.
(1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker’s employer.
(1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker’s employer.
(1D) In proceedings against W’s employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—
(a) from doing that thing, or
(b) from doing anything of that description.
(1E) A worker or agent of W’s employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if—
(a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and
(b) it is reasonable for the worker or agent to rely on the statement.
But this does not prevent the employer from being liable by reason of subsection (1B).”
(2) In section 48 of that Act (complaints to employment tribunals), in subsection (5)—
(a) for “includes, where” substitute “includes—
(a) where”;
(b) at the end insert—
“(b) in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.””