Section 43H Disclosure of exceptionally serious failure.F1
England, Wales and Scotland
A qualifying disclosure is made in accordance with this section if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3the worker reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,
he does not make the disclosure for purposes of personal gain,
the relevant failure is of an exceptionally serious nature, and
in all the circumstances of the case, it is reasonable for him to make the disclosure.
In determining for the purposes of subsection (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to the identity of the person to whom the disclosure is made.
Annotations
Textual amendments
- F1
Pt. 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
- F2
S. 43H(1)(a) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(3)(a), 103(2) (with s. 24(6))
- F3
Words in s. 43H(1)(b) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(3)(b), 103(2) (with s. 24(6))
Notes on the whole Act
Textual amendments
- F1
Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)