If a claim to the Employment Tribunal involves an accusation of whistle blowing then, from 6 April 2010, Claimants will be asked to tick a box in the ET1 which will allow whistle blowing accusations to be passed on to the relevant authorities by the Employment Tribunal. If the Claimant ticks the box then the information will be passed on to one or more authorities on a prescribed list. The Tribunal Rules will be revised to take account of the release of such protected information. Both sides in the Tribunal proceedings will be asked to verify that the relevant authorities have been given a copy of the ET1 or the pertinent parts of it.

Concerns were raised during the consultation process that this would lead to Claimants having the upper hand in negotiations and could elicit greater financial settlements from employers who might not be keen for these allegations to be publicised. This could have the knock on effect of such accusations being suppressed from the relevant authorities.