The Public Interest Disclosure (Amendment) Order 2018 amends the existing legislation, the Public Interest Disclosure Act 1998 (PIDA), by increasing the maximum limit for certain awards available to a worker who faces detriment or dismissal for making a protected disclosure.
Specifically, it revises the level referred to in section 73(2) of the Employment Rights Act 1996 to ensure compensation caps remain adequate under the PIDA framework.
Arguments For
Increases the maximum amount of compensation a worker can receive for certain detrimental treatment under the PIDA, offering greater recourse for whistleblowers.
Reinforces protection for individuals making protected disclosures, encouraging transparency and accountability in the workplace.
Updates the financial limits to reflect current economic conditions, ensuring the statutory caps remain relevant deterrents against victimisation.
Arguments Against
Increasing compensation limits could place a greater financial burden on employers found liable for penalizing whistleblowers.
The amendment focuses narrowly on financial caps, potentially overlooking the need for broader procedural or support mechanisms for whistleblowers.
Capping compensation, even at a higher level, still limits the redress available to individuals who suffer significant long-term career or personal damage from making a disclosure.
Citation and commencement
1. (1) This Order may be cited as the Public Interest Disclosure (Amendment) Order 2018 and shall come into force on 6th April 2018.
(2) This Order extends to England and Wales and Scotland.
This part officially names the legislation as the Public Interest Disclosure (Amendment) Order 2018.
It specifies that the changes take legal effect starting April 6, 2018.
Furthermore, it clarifies that the regulations apply across England, Wales, and Scotland.
Amendment of the Public Interest Disclosure (Compensation Limits) Regulations 2004
2. The Public Interest Disclosure (Compensation Limits) Regulations 2004(a) are amended as follows:
This section introduces the core action of the Order, which is to make specific changes to a preceding set of rules called the Public Interest Disclosure (Compensation Limits) Regulations 2004.
Amendment of regulation 2
3. In regulation 2, for “£74,471” substitute “£88,545.”
This amendment directly revises Regulation 2 of the 2004 Regulations.
It replaces the fixed monetary figure of £74,471 with a new maximum limit of £88,545.
This figure relates to the statutory cap on certain compensation awards under the whistleblowing legislation.
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