The Department for Business Innovation & Skills has launched consultation on the proposal to allow employment tribunals the power to pass on details from a Claimant’s ET1 involving a whistleblowing claim on to industry regulators. Employers should be aware of this possible change in practice and that investigations by regulatory bodies of alleged malpractice are likely to increase as a result of this new power.

The Government is proposing that employment tribunals be granted the power to forward all or part of the whistleblowing claim or the entire ET1 to the relevant industry regulator. The regulator may then investigate the suspected employer’s malpractice as part of its normal regulatory duties.

The process would require express consent from the Claimant and the standard form ET1 would be amended to include a tick box to determine consent. The Government believes this proposal ensures minimal additional burden on the Claimant and imposes a small administrative burden on employment tribunals. Where the information is shared to a regulatory body, the employment tribunal will notify the Respondent of this fact.

Reponses to the consultation will end on 2 October 2009. The proposed power would apply to employment cases brought on or after 6 April 2010.