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SINCERE

TEAM BRAND - WEB LABEL

INDIE MEDIA PUBLISHING ORGANISATION

 RECORDINGS AND MANAGEMENT

 

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The Public Interest Disclosure Act

Published 1 May 2013

 

The Act protects workers from detrimental treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing.

The Act protects most workers in the public, private and voluntary sectors. The Act does not apply to genuinely self-employed professionals (other than in the NHS), voluntary workers (including charity trustees and charity volunteers) or the intelligence services.

A qualifying disclosure to the commission will be a ‘protected’ disclosure provided the worker:

  • makes the disclosure in good faith

  • reasonably believes that the relevant failure relates to ‘the proper administration of charities and funds given, or held, for charitable purposes’

  • reasonably believes that the information disclosed and any allegation contained in it are substantially true

Workers can ‘whistleblow’ directly to the commission by email to... whistleblowing@charitycommission.gsi.gov.uk

when they have concerns that fall within the above description. It should be noted that where a worker is victimised for making a disclosure to the commission, any claim they may have under the Act is against his or her employer and not against the commission.

The commission will respect confidences so far as it is able, with due regard to the individual’s rights to privacy under data protection and human rights legislation. However, a person who is under inquiry is entitled to know the nature of the allegations being made, and any person criticised by the commission as a result of an inquiry has a right to be told the nature of the evidence upon which the criticism has been based.

While the commission will take every step to try to ensure that a complainant’s identity is not revealed without their consent, in some cases the nature of the allegations or evidence may give an indication as to their source. Also, in limited cases there may be an obligation to reveal information under freedom of information legislation or by order of the court in legal proceedings. Information obtained in the course of an inquiry may, in the public interest be published in an inquiry report.

The charity http://www.pcaw.co.uk/ provides free confidential advice to workers who have concerns about wrongdoing in the workplace. The charity can be contacted by telephone on (+44) 020 7404 6609.

 

READ MORE...

https://www.gov.uk/government/publications/the-public-interest-disclosure-act/the-public-interest-disclosure-act

 

Legislation U.K.

https://www.legislation.gov.uk/ukpga/1998/23/section/1

 

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