Here at Lincs Law Employment Solicitors, we advise and assist clients with various types of Employment Tribunal claims. A “Protected Act” or “Protected Disclosure” can form the basis of such claims. However, this language is often confused. Whilst the language is very similar, the meanings are very different. Please read on to find out more.
One similarity is that both a “Protected Act” and “Protected Disclosure” can refer to someone reporting or disclosing some wrongdoing. However, each legal concept is very different and defined by different legislation, as below.
What Is A Protected Act?
A Protected Act is relevant to the Equality Act 2010 i.e., the legislation which underpins discrimination claims in the Employment Tribunal. A Protected Act is defined in the Equality Act 2010 as follows:
(a) bringing proceedings under the Equality Act 2010;
(b) giving evidence or information in connection with proceedings under the Equality Act 2010;
(c) doing any other thing for the purposes of or in connection with the Equality Act 2010;
(d) making an allegation (whether or not express) that someone has contravened the Equality Act 2010.
Putting the above into context, common examples of Protected Acts include:
- Submitting a discrimination claim in the Employment Tribunal against your employer. Please find our page about discrimination claims here – https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/.
- Raising a grievance or complaint at work (whether in writing or verbally) alleging that you have suffered some form of discrimination. For example, your employer has failed to make reasonable adjustments in relation to your disability, being treated less favourably than a colleague because of your sex etc.
- Acting as a witness or giving evidence to support a colleague in their discrimination complaint.
Please note, the above is not an exhaustive list. When considering whether something is a Protected Act, the definition in the Equality Act 2010 (as above) should be fully considered.
Importantly, if you make a Protected Act and you are then subjected to detrimental treatment by your employer and/or colleagues, you may have a Victimisation claim. A claim for Victimisation is brought to the Employment Tribunal under the Equality Act 2010.
For more information about this type of claim, please see here – https://lincslaw.co.uk/blog/do-i-have-a-victimisation-claim-in-the-employment-tribunal/
What Is A Protected Disclosure?
A “Protected Disclosure” is very different to the above and is defined under the Employment Rights Act 1996. It is often known as “whistleblowing” or “blowing the whistle”.
Essentially, it is a disclosure of information which in your reasonable belief is made in the public interest and tends to show a particular type of wrongdoing (as below).
The information you disclose must fall into one of the following categories of wrongdoing:
- A criminal offence has been committed;
- A failure to comply with a legal obligation;
- A miscarriage of justice has occurred;
- The health and safety of any individual has been endangered;
- The environment has been damaged;
- Information relating to any of the above matters is being or has been concealed by the employer.
As above, importantly, your disclosure must, in your reasonable belief, be made in the public interest. You should also have made your disclosure in good faith and had a genuine belief in what you were disclosing.
What constitutes a Protected Disclosure will ultimately depend on your own personal circumstances and situation. However, by way of example, some recent cases I have advised on include:
- An employee reported to their manager that they had failed in their legal obligation to provide certain training.
- A factory worker reported to HR that certain hygiene protocols were not being followed in the production line (which supplied products to members of the public).
If you make a Protected Disclosure and you then suffer detrimental treatment at work, or you are dismissed from your employment, you may have claims available in the Employment Tribunal. Claims of Detriments and Automatic Unfair Dismissal can be brought to the Employment Tribunal under the Employment Rights Act 1996.
For more information about this, please see here – https://lincslaw.co.uk/blog/can-i-be-sacked-for-whistleblowing-at-work/
Lincs Law Employment Solicitors Can Help You
We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore advise and assist clients with various Employment Tribunal claims.
If you are considering pursuing a claim in the Employment Tribunal or think you may have made a Protected Act or Protected Disclosure, why not contact us for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: claim to employment tribunal discrimination and victimisation employment solicitor Kate Key lincs law employment solicitors protected act protected disclosure Whistleblowing