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Remedies for a successful whistleblowing detriment claim

Complaint to employment tribunal (s3 PIDA)

  1. - In section 48 of the 1996 Act (complaints to employment tribunals), after subsection (1) there is inserted-

“(1A) A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47B.”

Interpretation

The remedy for a worker subjected to a detriment for whistleblowing is by way of complaint to an employment tribunal (s48(1A)). Claims of an infringement of this right are not enforceable in any other forum.  ACAS early conciliation applies to such claims (ss18(1)(b), 18(A) ETA 1996).