Employment Rights Act 1996, section 43B

Disclosures qualifying for protection

Part IVA Protected disclosures

(1) In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, [F175 is made in the public interest and F175] tends to show one or more of the following—

(a)that a criminal offence has been committed, is being committed or is likely to be committed,

(b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,

(c)that a miscarriage of justice has occurred, is occurring or is likely to occur,

(d)that the health or safety of any individual has been, is being or is likely to be endangered,

[F176 (da)that sexual harassment has occurred, is occurring or is likely to occur,F176]

(e)that the environment has been, is being or is likely to be damaged, or

(f)that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

(2)For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

(3)A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

(4)A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.

(5) In this Part “the relevant failure”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1).

Definitions used in section 43B 5

workers

(4) The Secretary of State may by order make amendments to this section as to what individuals count as “workers” for the purposes of this Part (despite not being within the definition in section 230(3)).

Defined in s.43K(4) · see it in the full Act
worker

(1) For the purposes of this Part “worker” includes an individual who is not a worker as defined by section 230(3) but who—

(a)works or worked for a person in circumstances in which—

(i)he is or was introduced or supplied to do that work by a third person, and

(ii)the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them,

(b) contracts or contracted with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person and would fall within section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”,

( ba )works or worked as a person performing services under a contract entered into by him with NHS England under section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to, the National Health Service Act 2006 or with a Local Health Board under section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, the National Health Service (Wales) Act 2006 ,

( bb )works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J or 17Q of the National Health Service (Scotland) Act 1978,

(c) works or worked as a person providing services in accordance with arrangements made—

(i)by NHS England under section 126 of the National Health Service Act 2006, or Local Health Board under section 71 or 80 of the National Health Service (Wales) Act 2006 , or

( ii ) by a Health Board under section 2C, 17AA, 17C, . . . 25, 26 or 27 of the National Health Service (Scotland) Act 1978, or

(cb) is or was provided with work experience provided pursuant to a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council in accordance with article 15(6)(a) of the Nursing and Midwifery Order 2001 (S.I. 2002/253), or

(d)is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than—

(i)under a contract of employment, or

(ii)by an educational establishment on a course run by that establishment;

and any reference to a worker’s contract, to employment or to a worker being “employed” shall be construed accordingly.

Defined in s.43K(1) · see it in the full Act

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
sexual harassment

“sexual harassment” means harassment of the kind described in section 26 (2) of the Equality Act 2010 (unwanted conduct of a sexual nature).

Defined in s.43L(1) · see it in the full Act
the relevant failure

“the relevant failure”, in relation to a qualifying disclosure, has the meaning given by section 43B(5);

Defined in s.43L(1) · see it in the full Act
qualifying disclosure

“qualifying disclosure” has the meaning given by section 43B;

Defined in s.43L(1) · see it in the full Act

Cases considering section 43B 140

Clifford Stewart Lay & Anor v Independent Vetcare Limited

[2026] EWCA Civ 1027 · 31 July 2026Defines

The court treated the statutory definition of a qualifying disclosure as central to the Employment Judge’s assessment. IVL’s assertion that EDD’s business was lawful materially affected whether Mr Lay was likely to establish a reasonable belief in a relevant legal breach. (see paras [3]; [34]-[36]; [67]-[72])

Phyllis Sullivan v Isle of Wight Council

[2025] EWCA Civ 379 · 3 April 2025Defines

Defines qualifying disclosures as disclosures of information reasonably believed to be in the public interest and tending to show specified wrongdoing or risks. The court used this definition to identify the public-interest purpose of the statutory scheme. (see paras [9]; [82]-[83]) Identifies the requirements for a qualifying disclosure, including reasonable belief, public interest and information tending to show one of the specified forms of wrongdoing or danger. (see paras [9]; [82]-[83]) Cited only. Cited only.

Simpson v Cantor Fitzgerald Europe

[2020] EWCA Civ 1601 · 27 November 2020Interprets

The Court identified section 43B as the governing provision for qualifying disclosures and considered whether the communications fell within its requirements. (see paras [18], [20]-[21]) The Court applied the requirement that a qualifying disclosure contain information which, in the worker’s reasonable belief, tends to show statutory wrongdoing and is made in the public interest. It rejected a rigid information-allegation dichotomy and upheld findings that the communications lacked sufficient specificity or genuine belief. (see paras [18]-[21]; [50]-[55]; [59]-[64]) The Court treated alleged breaches of legal and regulatory obligations as falling within the statutory subject matter, but upheld the finding that the communications did not genuinely and reasonably disclose such information. (see paras [18], [50]-[55], [59])

120 more judgments, and what each says about section 43B, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F175Words in s. 43B(1) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 17, 103(2) (with s. 24(6))
  2. F176S. 43B(1)(da) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 23(2), 159(3); S.I. 2026/323, reg. 3(1)(2)