The Protected Disclosures Act 2014 provides a comprehensive
suite of protections to 'whistleblowers' who are penalised
by their employer or dismissed on account of raising concerns
regarding possible wrongdoing in their workplace.
Workers in the UK enjoy similar protections. It is therefore
unsurprising that many workplace complaints are now labelled as
protected disclosures.
On a literal interpretation of the 2014 Act, the statutory
protections for workers come into play only after the protected
disclosure has been made. A question therefore arises as to whether
an employee is protected against penalisation, where his/her
employer discovers that he/she is considering making a protected
disclosure? The same question could apply in respect of an employee
who contemplates making a protected disclosure but decides, for
whatever reason, not to proceed.
