The Crucial ‘But For’ Test in Penalisation for Making a Protected Disclosure Cases

When you claim that you have been penalised for having made a protected disclosure under the Protected Disclosures Act 2014 you need to be aware of a test you will need to pass if you are to succeed with your case.

Firstly, section 5 Protected Disclosures act 2014 sets out what is a protected disclosure for the purposes of the act.

Section 3 Protected Disclosures Act 2014 defines penalisation for the purposes of the act as follows:

„penalisation” means any act or omission that affects a worker to the worker’s detriment, and in particular includes—

(a) suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(d) the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty),

(e) unfair treatment,

(f) coercion, intimidation or harassment,

(g) discrimination, disadvantage or unfair treatment,

(h) injury, damage or loss, and

(i) threat of reprisal;

Section 12 Protected Disclosures Act 2014 provides the protection against penalisation for having made a protected disclosure as follows:

12. (1) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for having made a protected disclosure.

Read the rest of this blog post here.



Terry Gorry, Solicitor

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