Public Interest Disclosure Act 1998
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| Long title | An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes |
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| Citation | c.23 |
| Introduced by | Richard Shepherd |
| Territorial extent | England and Wales, Scotland |
| Dates | |
| Royal assent | 2 July 1998 |
| Commencement | 2 July 1999 |
| Other legislation | |
| Amended by |
Employment Relations Act 1999 Police Reform Act 2002 |
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Status: Amended
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| Text of statute as originally enacted | |
The Public Interest Disclosure Act 1998 (c.23) is an Act of the Parliament of the United Kingdom that protects whistleblowers from detrimental treatment by their employer. Influenced by various financial scandals and accidents, along with the report of the Committee on Standards in Public Life, the bill was introduced to Parliament by Richard Shepherd and given government support, on the condition that it become an amendment to the Employment Rights Act 1996. After receiving the Royal Assent on 2 July 1998, the Act came into force on 2 July 1999. It protects employees who make disclosures of certain types of information, including evidence of illegal activity or damage to the environment, from retribution from their employers, such as dismissal or being passed over for promotion. In cases where such retribution takes place the employee may bring a case before an employment tribunal, which can award compensation.
As a result of the Act, many more employers have instituted internal whistleblowing procedures, although only 38 percent of individuals surveyed worked for a company with such procedures in place. The Act has been criticised for failing to force employers to institute such a policy, containing no provisions preventing the "blacklisting" of employees who make such disclosures, and failing to protect the employee from libel proceedings should his allegation turn out to be false.
Prior to the 1998 Act, whistleblowers in the United Kingdom had no protection against being dismissed by their employer. Although they could avoid being sued for breach of confidence thanks to a public interest defence, this did not prevent subtle or open victimisation in the workplace, including disciplinary action, dismissal, failure to gain promotion or a pay rise. During the early to mid-1990s, interest in whistleblower protection grew, partially because of a series of financial scandals and health and safety accidents, which investigations into showed could have been prevented if employees had been permitted to voice their concerns, and partially because of the work of the Committee on Standards in Public Life. In 1995 and 1996, two private member's bills dealing with whistleblowers were introduced to Parliament, by Tony Wright and Don Touhig respectively, but both efforts fell through. When Richard Shepherd proposed a similar bill, however, he got government support for it on the condition that it be an amendment to the Employment Rights Act 1996 rather than a new area of law in its own right.Public Concern at Work, a UK-based whistleblowers charity, was involved in the drafting and consultation stages of the bill. The case of Graham Pink added to the pressure to introduce whistleblower protection legislation.
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