UKPGA-1998-23 — Public Interest Disclosure Act 1998

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Protected disclosures.

After Part IV of the Employment Rights Act 1996 (in this Act referred to as “the 1996 Act”) there is inserted—

s. 2 — Right not to suffer detriment.

After section 47A of the 1996 Act there is inserted—

s. 3 — Complaints to employment tribunal.

In section 48 of the 1996 Act (complaints to employment tribunals), after subsection (1) there is inserted—

s. 4 — Limit on amount of compensation.

s. 4(1)

Section 49 of the 1996 Act (remedies) is amended as follows.

s. 4(2)

At the beginning of subsection (2) there is inserted “ Subject to subsection (6) ”.

s. 4(3)

After subsection (5) there is inserted—

s. 5 — Unfair dismissal.

After section 103 of the 1996 Act there is inserted—

s. 6 — Redundancy.

After subsection (6) of section 105 of the 1996 Act (redundancy) there is inserted—

s. 7 — Exclusion of restrictions on right not to be unfairly dismissed.

s. 7(1)

In subsection (3) of section 108 of the 1996 Act (cases where qualifying period of employment not required), after paragraph (f) there is inserted—

s. 7(2)

In subsection (2) of section 109 of the 1996 Act (disapplication of upper age limit), after paragraph (f) there is inserted—.

s. 8 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 9 — Interim relief.

In sections 128(1)(b) and 129(1) of the 1996 Act (which relate to interim relief) for “or 103” there is substituted “ , 103 or 103A ”.

s. 10 — Crown employment.

In section 191 of the 1996 Act (Crown employment), in subsection (2) after paragraph (a) there is inserted—.

s. 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 12 — Work outside Great Britain.

s. 12(1)

Section 196 of the 1996 Act (employment outside Great Britain) is amended as follows.

s. 12(2)

After subsection (3) there is inserted—

s. 12(3)

In subsection (5), after “subsections (2)” there is inserted “ , (3A) ”.

s. 13 — Police officers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 14 — Remedy for infringement of rights.

In section 205 of the 1996 Act (remedy for infringement of certain rights) after subsection (1) there is inserted—

s. 15 — Interpretative provisions of 1996 Act.

s. 15(1)

At the end of section 230 of the 1996 Act (employees, workers etc) there is inserted—

s. 15(2)

In section 235 of the 1996 Act (other definitions) after the definition of “position” there is inserted—.

s. 16 — Dismissal of those taking part in unofficial industrial action.

s. 16(1)

In section 237 of the Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal of those taking part in unofficial industrial action), in subsection (1A) (which provides that the exclusion of the right to complain of unfair dismissal does not apply in certain cases)—

s. 16(1)(a)

for “or 103” there is substituted “ , 103 or 103A ”, and

s. 16(1)(b)

for “and employee representative cases)” there is substituted “ employee representative and protected disclosure cases) ”.

s. 17 — Corresponding provision for Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

s. 17(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

s. 17(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 18 — Short title, interpretation, commencement and extent.

s. 18(1)

This Act may be cited as the Public Interest Disclosure Act 1998.

s. 18(2)

In this Act “the 1996 Act” means the Employment Rights Act 1996.

s. 18(3)

Subject to subsection (4), this Act shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

s. 18(4)

The following provisions shall come into force on the passing of this Act—

s. 18(4)(a)

section 1 so far as relating to the power to make an order under section 43F of the 1996 Act,

s. 18(4)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 18(4)(c)

section 17, and

s. 18(4)(d)

this section.

s. 18(5)

This Act, except section 17, does not extend to Northern Ireland.