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