The Employees are protected against victimisation or dismissal if they make a protected disclosure to their employer or prescribed person (also known as ‘whistleblowing’).

Last year, employment tribunals received some 1,700 claims involving whistleblowing allegations. The tribunal hears the claim and makes a judgment according to the facts of the claim. However, the tribunal does not take any action in relation to the underlying allegation of wrongdoing on which the claim is based, which could include serious fraud, health and safety issues, and financial irregularities.

The Government therefore proposes to send copies of the claim form, or extracts from it, to the relevant regulator listed in the whistleblowing provisions. Only claims where the claimant has indicated their consent would be passed on to the regulator. The regulator can then take action against the employer. It is unclear at this stage what, if anything, happens when the claimant does not give consent.

Responses are welcomed from employers, employees, trade unions, representative bodies and other interested parties.

The consultation closes on 2 October 2009.

The regulations are due to come into force in April 2010.

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