Thomas Mansfield Solicitors

Tribunals to share public interest disclosures with regulators

In its response to the consultation, 'Employment Tribunal Claims and the Public Interest Disclosures Act', the Government has confirmed that, where a claimant consents, the Employment Tribunals Service may pass information about public interest disclosures to the relevant regulator. The change will apply to any revised ET1 form containing an accepted public interest disclosure claim received on or after 6 April 2010.

Following consultation, the Government's proposals have undergone only minor modifications. Under the system, when a claimant agrees to the information a protected disclosure is based on being passed to the relevant regulator, he or she must tick a consent box on a revised ET1 form. Revised guidance accompanying the ET1 claim form will make clear what happens if the consent box is ticked, and explain that a claimant can contact the regulator directly if he or she prefers, e.g. for reasons of confidentiality. It will also provide links to guidance on public interest disclosures, such as the Business Link and Directgov websites.

This procedure is intended to avoid any subsequent argument that the claimant did not want the information forwarded to the regulator. The Tribunals Service will also write to the parties about when and to where an ET1, or extracts from it, is sent. The decision whether to forward the ET1 or any part of it to the regulator, who can then take action to address instances of unlawful, fraudulent or dangerous behaviour, is at the Tribunal Secretary's discretion.

The draft Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 are set out in the response to the consultation. The draft regulations, which will be laid before Parliament shortly, will amend Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 to allow disclosure of the relevant information and contain a list of the regulators to which the information may be disclosed.

Further information:
http://www.berr.gov.uk/files/file54221.pdf

Source: Incomes Data Services Ltd, 2010