(1)In this Part—
“qualifying disclosure” has the meaning given by section 43B;
“the relevant failure”, in relation to a qualifying disclosure, has the meaning given by section 43B(5);
“sexual harassment” means harassment of the kind described in
section 26
(2)
of the
Equality Act 2010
(unwanted conduct of a sexual nature).
(2)In determining for the purposes of this Part whether a person makes a disclosure for purposes of personal gain, there shall be disregarded any reward payable by or under any enactment.
(3)Any reference in this Part to the disclosure of information shall have effect, in relation to any case where the person receiving the information is already aware of it, as a reference to bringing the information to his attention.
Cases considering section 43L 9
[2019] UKEAT 0121_19_1308 · 13 August 2019
Where the recipient already knew the information, disclosure included bringing it to that person’s attention. The Employment Tribunal erred by failing to apply that express provision when considering whether PIDs 3 and 4 were qualifying disclosures (see para [37]).
[2018] UKEAT 0194_17_2703 · 27 March 2018Interprets
The court accepted that repeating information already known might be regarded as bringing it to the recipient’s attention again. It left open whether that repetition was a separate protected disclosure because the issue could not affect the result (see paras [28]-[30]).
[2004] EWCA Civ 964 · 21 July 2004Defines
A reward payable under an enactment for making a disclosure is excluded from personal gain for the purposes of the statutory condition (see para [50]).
2 more judgments, and what each says about section 43L, are in the
case-law panel in the full Act.