Employment Rights Act 1996, section 43L

Other interpretative provisions

Part IVA Protected disclosures

(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);

  • [F210 “sexual harassment” means harassment of the kind described in section 26 (2) of the Equality Act 2010 (unwanted conduct of a sexual nature). F210]

(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.F174]

Definitions used in section 43L 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

Cases considering section 43L 9

Arthur v Hertfordshire Partnership University NHS Foundation Trust

[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]).

Kilraine v Lion Academy Trust

[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]).

Street v Derbyshire Unemployed Workers' Centre

[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.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F210Words in s. 43L(1) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 23(3), 159(3); S.I. 2026/323, reg. 3(1)(2)
  2. F174Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2