A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.
Definitions used in section 43D 1
- qualifying disclosure
(1) In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and 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,
(da)that sexual harassment has occurred, is occurring or is likely to occur,
(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.
Defined in s.43B(1) · see it in the full Act“qualifying disclosure” has the meaning given by section 43B;
Defined in s.43L(1) · see it in the full Act
Cases considering section 43D 8
GQA Qualifications Limited v Michael Clayton
The court held that disclosure in the course of obtaining legal advice is not confined to advice from a qualified solicitor or barrister. It may include advice from a person whom the worker reasonably regards as competent to advise on the relevant law. (see paras [113]; [165]-[171])
Schaathun v Executive & Business Aviation Support Ltd
The Tribunal erred by failing to decide whether disclosures alleged to have been made to solicitors were protected disclosures through the legal-adviser route. (see paras [90]-[91])
Chesterton Global Ltd & Anor v Nurmohamed & Anor (Rev 1)
The provision covers disclosures made for the purpose of obtaining legal advice and was identified as the former exception to the good-faith requirement. (see paras [6]; [15])
- Babula v Waltham Forest College
- Street v Derbyshire Unemployed Workers' Centre
- Tata Consultancy Services Ltd v Sengar
- Margarot Forrest Care Management v Kennedy
1 more judgment, and what each says about section 43D, are in the case-law panel in the full Act.