I heard about a Northern Ireland whistleblowing case recently where the claimant's case failed because it was not made in good faith. I thought that requirement no longer applied in the UK or Northern Ireland? What is the situation in Northern Ireland? Must a whistle-blower make allegations in good faith or might they be motivated by greed etc?

Posted in : First Tuesday Q&A NI on 6 October 2015
Chris Fullerton
Arthur Cox NI
Issues covered:

Whistleblowing in the UK is governed by the Public Interest Disclosure Act 1998 (the "PIDA"). In 2013, the UK amended the PIDA by abolishing the requirement that disclosures made under the PIDA must be made in "good faith". This amendment was sparked by a history of legal and practical difficulties for the courts, employers and workers in the absence of a statutory definition of "good faith". The PIDA now provides that if a disclosure is made other than in good faith, an award for unfair dismissal for those who make a protected disclosure can be reduced by 25 per cent.

Whistleblowing in Northern Ireland is governed by the Public Interest Disclosure (Northern Ireland) Order 1998. This Order

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Back to Q&A's This article is correct at 06/10/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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