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The removal of “good faith” from the definition of a protected disclosure

With effect from  25 June 2013 the requirement for a disclosure to be in ‘good faith’ is removed.

IMHO this provision makes sense when put alongside the need for a worker to reasonably believe the allegation. If what you were doing was a false allegation then its unlikely you could believe that was in the public interest.

Previously when looking at whether a disclosure was made in ‘good faith’ the tribunal looked not only at the truth of the disclosure but the motivation behind it. This means that if a disclosure was made in bad faith (such as out of hostility) instead of remedying the wrong, then it would fail  (Street v Derbyshire Unemployed Workers’ Centre [2004] IRLR 687).

Now we will have hearings focus on the quality and substance of the disclosure rather than the whistleblower’s motivation.

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