EMPLOYMENT
LEGISLATION
DISCLOSURES IN THE PUBLIC INTEREST: PROTECTIONS FOR WORKERS WHO 'BLOW
THE WHISTLE' (PL502 Rev 3)
Contents
Qualifying
disclosures
Disclosures about wrongdoing in the United Kingdom or overseas
Disclosures that involve an offence
Disclosures and legal professional privilege
Making
a qualifying disclosure to the employer or via internal procedures
Making a qualifying disclosure to a prescribed person
Making a qualifying disclosure to a legal adviser
Making a qualifying disclosure to a Minister
Making a qualifying disclosure about an exceptionally serious
failure
Making a qualifying disclosure more generally
Disclosures about health and safety matters
Introduction
This is a
short guide to the Public Interest Disclosure Act 1998, an Act
which protects workers who 'blow the whistle' about wrongdoing.
It mainly takes the form of amendments to the Employment Rights
Act 1996, and makes provision about the kinds of disclosures which
may be protected; the circumstances in which such disclosures
are protected; and the persons who may be protected.
The guide
is intended to give general guidance only and should not be regarded
as a complete or authoritative statement of the law. Readers should
be aware of the possibility of developments in case law that might
affect the rights described.
In general,
workers should be able to make disclosures about wrongdoing to
their employer, so that problems can be identified and resolved
quickly within organisations. Many employers have internal procedures
for this purpose.
Persons who may be protected by the new provisions against
unfair dismissal or being subjected to detriment
The provisions
introduced by the Public Interest Disclosure Act 1998 protect
most workers from being subjected to a detriment by their employer.
Detriment may take a number of forms, such as denial of promotion,
facilities or training opportunities which the employer would
otherwise have offered. Employees who are protected by the provisions
may make a claim for unfair dismissal if they are dismissed for
making a protected disclosure. Workers who are not employees may
not claim unfair dismissal; however, if their contract has been
terminated by the employer because they made a protected disclosure,
they may instead make a complaint that they have been subjected
to a detriment.
Subject to
some limited exceptions, the new provisions protect persons who
work under contracts of employment; those who work personally
for someone else (under a "worker's" contract) but are not genuinely
self-employed; homeworkers; certain agency workers; National Heath
Service practitioners such as GPs, certain dentists, pharmacists
and opticians; and certain categories of trainees.
What can be disclosed?
Qualifying
disclosures
Certain kinds
of disclosures qualify for protection ("qualifying disclosures").
Qualifying disclosures are disclosures of information which the
worker reasonably believes tend to show one or more of the following
matters is either happening now, took place in the past, or is
likely to happen in the future :
- a criminal
offence;
- the breach
of a legal obligation;
- a miscarriage
of justice;
- a danger
to the health or safety of any individual;
- damage
to the environment; or
- deliberate
covering up of information tending to show any of the above
five matters.
It should
be noted that in making a disclosure the worker must have reasonable
belief that the information disclosed tends to show one or more
of the offences or breaches listed above ('a relevant failure').
The belief need not be correct - it might be discovered subsequently
that the worker was in fact wrong - but the worker must show that
he held the belief, and that it was a reasonable belief in the
circumstances at the time of disclosure.
Disclosures
about wrongdoing in the United Kingdom or overseas
Protection
under the provisions applies even if the qualifying disclosure
concerns a relevant failure which took place overseas, or where
the law applying to the relevant failure was not that of the United
Kingdom.
Disclosures
that involve an offence
Disclosure
of information by a worker is not a qualifying disclosure if in
making it he commits an offence (eg, if disclosure was prohibited
under the Official Secrets Act 1989).
Disclosures
and legal professional privilege
A disclosure
of information, which would be protected from disclosure because
of legal professional privilege, cannot be a qualifying disclosure
if made by the legal adviser (or, say, a typist in the adviser's
office) to whom the information was disclosed in the course of
obtaining legal advice.
Circumstances in which disclosures are protected (a "protected
disclosure")
Making
a qualifying disclosure to the employer or via internal procedures
A qualifying
disclosure will be a protected disclosure where it is made:
(a) to the
worker's employer, either directly to the employer or by procedures
authorised by the employer for that purpose; or
(b) to another
person whom the worker reasonably believes to be solely or mainly
responsible for the relevant failure.
The only additional
requirement on the worker is that he should act in good faith.
No other requirement is necessary to qualify for protection. Disclosure
to the employer will in most cases ensure that concerns are dealt
with quickly and by the person who is well placed to resolve the
problem. In some small companies, this may be the employer himself.
But often an authorised procedure will be helpful. An existing
company procedure may suffice, or such procedures could perhaps
be adapted, for example to facilitate confidential disclosures
by workers. Internal procedures that are simple to use, readily
accessible and which workers are encouraged to use are more likely
to result in disclosure of concerns to the employer first, rather
than externally. Employers will wish to consider the best way
to secure trust and confidence in such procedures to ensure that
they will be used, perhaps by involving the workforce, or their
representatives.
Making
a qualifying disclosure to a prescribed person
Workers who
are concerned about wrongdoing or failures can make disclosures
to a person or body which has been prescribed by the Secretary
of State for the purpose of receiving disclosures about the matters
concerned. If a worker makes a qualifying disclosure to such persons,
it will be a protected disclosure provided the worker:-
- makes the
disclosure in good faith;
- reasonably
believes that the information, and any allegation it contains,
are substantially true; and
- reasonably
believes that the matter falls within the description of matters
for which the person or body has been prescribed. (For example,
breaches of health and safety regulations can be brought to
the attention of the Health and Safety Executive or appropriate
local authority, or environmental dangers can be notified to
the Environment Agency.)
A list of
prescribed persons, the description of matters for which they
are prescribed and contact details, are shown in Appendix
1. The persons listed have statutory functions and can
provide authoritative advice and guidance to workers about matters
properly disclosed to them.
Making
a qualifying disclosure to a legal adviser
A qualifying
disclosure will be a protected disclosure if it is made to a legal
adviser in the course of obtaining legal advice. There are no
further conditions attached.
Making
a qualifying disclosure to a Minister
A qualifying
disclosure made in good faith by a worker, employed in a Government-appointed
organisation, such as a non-departmental public body, will be
a protected disclosure if made to a Government Minister (either
directly or via departmental officials).
Making
a qualifying disclosure about an exceptionally serious failure
A qualifying
disclosure made about a relevant failure which is exceptionally
serious will be a protected disclosure if the worker:-
- makes the
disclosure in good faith;
- reasonably
believes that the information disclosed, and any allegation
contained in it, are substantially true; and
- does not
act for personal gain.
Also, it must
be reasonable for the worker to make the disclosure in view of
all the circumstances, having regard in particular to the identity
of the person to whom the disclosure is made.
Note that
the relevant failure must be exceptionally serious. This
will be a matter of fact, and not simply a matter of the worker
reasonably believing it to be exceptionally serious.
Making
a qualifying disclosure more generally
A qualifying
disclosure will be a protected disclosure if the following conditions
are met:
Firstly, the
worker must:-
- make the
disclosure in good faith
- reasonably
believe that the information, and any allegation contained in
it, are substantially true, and
- not
act for personal gain.
In addition,
one or more of the following conditions must be met:
- the worker
reasonably believed that he would be subjected to a detriment
by his employer if disclosure were to be made to the employer
or to a prescribed person;
- in the
absence of an appropriate prescribed person, the worker reasonably
believed that disclosure to the employer would result in the
destruction or concealment of information about the wrongdoing;
- the worker
had previously disclosed substantially the same information
to his employer or to a prescribed person.
Finally, it
must be reasonable for the worker to make the disclosure. The
employment tribunal will decide whether the worker acted reasonably,
in all the circumstances, but in particular will take into account:
- the
identity of the person to whom the disclosure was made (eg,
it may be more likely to be considered reasonable to disclose
to a professional body that has responsibility for standards
and conduct in a particular field, such as accountancy or medicine,
than to the media);
- the seriousness
of the relevant failure;
- whether
the relevant failure is continuing or is likely to occur
again;
- whether
the disclosure breaches the employer's duty of confidentiality
to others (eg, information that is made available by the worker
may contain confidential details about a client);
- what
action has or might reasonably be expected to have been taken
if a disclosure was made previously to the employer or a prescribed
person; and
- whether
the worker complied with any internal procedures approved
by the employer if a disclosure was made previously to the employer.
Disclosures
about health and safety matters
The Employment
Rights Act 1996 already provides protection for employees who,
in certain circumstances, raise concerns about, or take action
in connection with, health and safety matters (see sections 44
and 100 of that Act). For example, the 1996 Act already provides
that it would be unfair to dismiss an employee who acts to protect
himself or others from serious and imminent danger.
The new provisions
provide protection, as explained above, to any worker who discloses
information about a health or safety danger in accordance with
the provisions. Clearly, where there is a recognised health and
safety representative present, the worker should normally tell
them about the problem, as it is part of the representative's
role to raise such matters with the employer. The existing health
and safety provisions in the Employment Rights Act 1996 and the
new provisions introduced by the Public Interest Disclosure Act
1998 are therefore complementary.
Contractual duties of confidentiality
Any provision
in an agreement between a worker and his employer which would
prevent the worker from making disclosures protected by the new
provisions is void. This applies to any agreement between the
employer and worker (it might be a term in a contract of employment
or a separate agreement), including agreements settling claims
under the new provisions.
New
legislation for resolving disputes in the workplace
From 1 October 2004, employers and employees (the new legislation does not apply
to 'workers') will be required to follow a minimum three-stage process to ensure
that disputes are discussed at work. The new minimum procedures create a
framework for dealing with dismissal, disciplinary action and grievance issues,
but are not intended to replace established effective procedures. Where an
employer or employee is found not to have fully complied with these procedures,
employment tribunals will impose financial penalties.
Detailed guidance, including information about when the procedures do not apply
or are treated as having been complied with, is available on the DTI
website. Further help
and advice can be found on the Acas website
and by contacting their helpline: 08457 47 47 47.
However, the legislation introducing the new procedures differentiates between
grievances and protected disclosures. Employees do not have to raise a grievance
in order to make a protected disclosure. The statutory minimum grievance
procedures apply to a protected disclosure only if the employee actually intends
that the disclosure constitutes raising the matter with his employer as a
grievance.
Employment tribunals and remedies
Workers protected
by the provisions (including employees) can complain that they
have been subjected to detriment by their employer for making
a protected disclosure. As noted earlier, an 'employee' can make
a claim of unfair dismissal; a 'worker' who is not an employee
and whose contract has been terminated by his employer because
he made a protected disclosure can claim that he has been subjected
to a detriment.
As with many other claims
to employment tribunals, the complaint should normally be made within three
months of the dismissal or detriment. However, from 1 October 2004, with the
introduction of statutory dismissal, disciplinary and grievance procedures (see
New legislation for resolving disputes in the workplace), the
time limit will be extended, for claims made by employees, in specified
circumstances connected with those procedures. The tribunal can also consider a
complaint made outside the three-month time limit (either by an employee or by a
'worker' ) if they believe it was not reasonably practicable for the employee to
have made the complaint within it and that it has been made within such further
period as they consider reasonable.
For unfair dismissal
claims, interim relief is also available, provided the claim is made within
seven days of the effective date of the termination of employment.
Where a tribunal
finds that a complaint of unfair dismissal is justified, it will
order re-instatement or re-employment, or the payment of compensation.
Where a worker complains that he has been subjected to a detriment
and the tribunal finds the complaint well-founded, it will make
a declaration to that effect and may order the payment of compensation.
Appendix
1
LIST OF
PRESCRIBED PERSONS
Accounts
Commission for Scotland (including auditors appointed by the Commission)
Matters in
respect of which the person is prescribed:
- The proper
conduct of public business, value for money, fraud and corruption
in local government.
Contact
The Controller of Audit
Accounts Commission for Scotland
18 George Street
Edinburgh
EH2 2QU
Tel: 0131 477 1234
Fax: 0131 477 4567
The
Audit Commission for England and Wales (including auditors appointed
by the Commission)
Matters in
respect of which the person is prescribed:
- The proper
conduct of public business, value for money, fraud and corruption
in local government, and health service, bodies
Contact
The Audit Commission
1 Vincent Square
London
SW1P 2PN
Tel: 020 7630 1019
The
Certification Officer
Matters in
respect of which the person is prescribed:
- Fraud, and
other irregularities, relating to the financial affairs of trade
unions and employers' associations
Contact
Certification Officer
Brandon House
180 Borough High Street
London
SE1 1LW
Tel: 020 7210 3734/3735
Fax: 020 7210 3612
The
Charity Commissioners for England and Wales
Matters in
respect of which the person is prescribed:
- The proper
administration of charities and of funds given or held for charitable
purposes
Contact
Charity Commission
Liverpool Head of Operations
2nd Floor
20 Kings Parade
Queens Dock
Liverpool
L3 4DQ
Tel: 0870 3330123
Fax: 0151 703 1556
The Scottish Ministers
Matters in respect of
which the person is prescribed:
- The
proper administration of charities and of funds given or held
for charitable purposes
Contact
Director of Scottish Charities
Crown Office
25 Chambers Street
Edinburgh
EH1 1LA
Tel: 0131 226 2626
Fax: 0131 226 6912
Chief
Executive of the Criminal Cases Review Commission
Matters in
respect of which the person is prescribed:
- Actual or
potential miscarriages of justice
(The Commission
has responsibility for these matters in respect of England, Wales
and Northern Ireland)
Contact
Criminal Cases Review Commission
Alpha Tower
Suffolk Street
Queensway
Birmingham
B1 1TT
Tel: 0121 633 1800
Fax: 0121 633 1804
Email: info@ccrc.gov.uk
Chief
Executive of the Scottish Criminal Cases Review Commission
Matters in
respect of which the person is prescribed:
- Actual or
potential miscarriages of justice
Contact
Scottish Criminal Cases Review Commission
5th floor, Portland House
17 Renfield Street
Glasgow
G2 5AH
Tel: 0141 270 7030
Fax: 0141 270 7040
Independent Police
Complaints Commission
Matters in
respect of which the person is prescribed:
- Matters
relating to the conduct of a person serving with the police (as
defined in section 12(7) of the Police reform Act 2002)
or of any other person in relation to whose conduct the
Independent Police Complaints Commission exercises functions in or
under any legislation.
Contact
Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH
Tel: 020 7166 3000
Civil
Aviation Authority
Matters in
respect of which the person is prescribed:
- Compliance
with the requirements of civil aviation legislation, including
aviation safety
Contact
Secretary and Legal Adviser
Civil Aviation Authority
CAA House
45-59 Kingsway
London
WC2B 6TE
Tel: 020 7453 6160
Fax: 020 7453 6163
The
competent authority under Part IV of the Financial Services and
Markets Act 2000
Matters in
respect of which the person is prescribed:
- The listing
of securities on a stock exchange; prospectuses on offers of
transferable securities to the public
Contact
Head of Listing Department
London Stock Exchange
Old Broad Street
London
EC2N 1HP
Tel: 020 7797 3884
Fax: 020 7334 8976
The Commission for Healthcare Audit
and Inspection
Matters in respect of which the person is prescribed:
·
Matters connected with (a) the provision of health care for the
purposes of the National Health Service (where “health care” has the
same meaning as in section 45(2) of the Health and Social Care
(Community Health and Standards) Act 2003), (b) the provision of
independent health care services within the meaning of section 5A(8)
of the Care Standards Act 2000, or (c) any activities not covered by
(a) and (b) in relation to which the Commission exercises its
functions
Contact
Chief Executive
Healthcare Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG
Tel: 010 7448 9200
Email:
feedback@healthcarecommission.org.uk
The Commission for Social Care
Inspection
Matters in respect of which the person is prescribed:
·
Matters relating to the provision of regulated social care services
as defined in the Care Standards Act 2000, and the inspection and
performance assessment of English local authority social services as
defined in section 148 of the Health and Social Care (Community
Health and Standards) Act 2003
Contact
Chief Inspector
Commission for
Social Care Inspection
33 Greycoat
Street
London
SW1P 2QF
Tel: 020 7979
2000
Fax: 020 7979
2111
Email:
enquiries@csci.gsi.gov.uk
Website:
www.csci.gov.uk
The Commissioners for Her Majesty’s
Revenue and Customs
Matters in
respect of which the person is prescribed:
- Value added
tax, insurance premium tax, excise duties and landfill tax.
The import and export of prohibited or restricted goods
- Income tax,
corporation tax, capital gains tax, petroleum revenue tax, inheritance
tax, stamp duties, national insurance contributions, statutory
maternity pay, statutory sick pay, tax credits, child
benefits, collection of student loans and the enforcement of the national
minimum wage
Contact
Her Majesty’s Revenue and Customs
Cross Cutting Policy
Room 1E/04
1 Parliament Street
London
SW1A 2BQ
Tel: freephone 0900 595000
Fax: free fax 0800 523 0506
Email:
customs.confidential@hmrc.gov.uk
Comptroller
and Auditor General of the National Audit Office
Matters in
respect of which the person is prescribed:
- The proper
conduct of public business, value for money, fraud and corruption
in relation to the provision of centrally funded public services
Contact
The Comptroller and Auditor General
National Audit Office
157-197 Buckingham Palace Road
Victoria
London
SW1W 9SP
Tel: 020 7798 7999
Auditor
General for Wales
Matters in
respect of which the person is prescribed:
- The proper
conduct of public business, value for money, fraud and corruption
in relation to the provision of public services
Contact
The Auditor General for Wales
Pierhead Building
Capital Waterside
Cardiff
CF1 5TH
Auditor
General for Scotland (including persons appointed by or on his
behalf as auditors or examiners)
Matters in
respect of which the person is prescribed:
- The
proper conduct of public business, value for money, fraud and
corruption in relation to the provision of public services
Contact
The Auditor General for Scotland
Audit Scotland
110 George Street
Edinburgh
EH2 4LH
Tel: 0131 477 1234
Fax: 0131 477 4567
www.audit-scotland.gov.uk
Audit
Scotland
Matters
in respect of which the person is prescribed:
- The
proper conduct of public business, value for money, fraud and
corruption in public bodies
Contact
The Director of Audit Review
Audit Scotland
18 George Street
Edinburgh
EH2 2QU
Tel: 0131 477 1234
Fax: 0131 477 4567
Director
General of Water Services
Matters in
respect of which the person is prescribed:
- The supply
of water and the provision of sewerage services
Contact
Director General of Water Services
Office of Water Services
Centre City Tower
7 Hill Street
Birmingham
B5 4UA
Tel: 0121 625 1300
Fax: 0121 625 1400
Water
Industry Commissioner for Scotland
Matters in respect of which the person is prescribed:
- The
supply of water and the provision of sewerage services
Contact
Water Industry Commissioner for Scotland
Ochil House
Springkerse Business Park
Stirling
FK7 7XE
Tel: 08457 413 132
Fax 01786 462 018
Email: enquiries@watercommissioner.co.uk
The
Director of the Serious Fraud Office
Matters in
respect of which the person is prescribed:
Contact
The Director of the Serious Fraud Office
Elm House
10-16 Elm Street
London
WC1X 0BJ
Tel: 020 7239 7272
Fax: 020 7837 1689
The Lord Advocate,
Scotland
Matters in
respect of which the person is prescribed:
Contact
The Head of the International and Financial Crime Unit
Crown Office
25 Chambers Street
Edinburgh
EH1 1LA
Tel: 0131 226 2626
Fax:0131 226 6861
The
Environment Agency
Matters in
respect of which the person is prescribed:
- Acts or
omissions which have an actual or potential effect on the environment
or the management or regulation of the environment including
those relating to pollution, abstraction of water, flooding,
the flow of rivers, inland fisheries and migratory salmon or
trout
Contact
The Environment Agency
Rio House
Waterside Drive
Aztec West
Almondsbury
Bristol
BS12 4UD
Tel: 0800 807060 (24 hour line)
or enquiries 01454 624400
Fax: 01454 624409
Scottish
Environment Protection Agency
Matters in
respect of which the person is prescribed:
- Acts or
omissions which have an actual or potential effect on the environment
or the management or regulation of the environment, including
those relating to flood warning systems and pollution
Contact
Scottish Environment Protection Agency
Erskine Court
Castle Business Park
Stirling
FK9 4TR
Tel: 01786 457700
Fax: 01786 446885
Email: info@sepa.org.uk
Food
Standards Agency
Matters in respect of which the person is prescribed:
- Matters
which may affect the health of any member of the public in
relation to the consumption of food and other matters
concerning the protection of the interests of consumers in
relation to food
Contact
Personnel and Establishments Division
Food Standards Agency
Room 111C
Aviation House
125 Kingsway
London
WC2B 6NH
Tel: 020 7276 8120
Fax: 020 7276 8132
Financial
Services Authority
Matters in
respect of which the person is prescribed:
- The carrying
on of investment business or of insurance business. The operation
of banks and building societies, deposit-taking businesses and
wholesale money market regimes. The operation of friendly societies,
benevolent societies, working men's clubs, specially authorised societies and
industrial and provident societies. The functioning of financial markets, investment exchanges
and clearing houses. Money laundering, financial crime, and other serious financial
misconduct, in connection with activities regulated by the Financial
Services Authority
Contact
Director, Authorisation
Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: 020 7676 4646
Fax: 020 7676 9727
Email: whistle@fsa.gov.uk
Gas and Electricity Markets
Authority
Matters in respect of which the person is prescribed:
·
The generation, transmission, distribution and supply of
electricity, participation in the operation of an electricity
interconnector (as defined in section 4(3E) of the Electricity Act
1989) and activities ancillary to these matters
·
The transportation, shipping and supply of gas through pipes,
participation in the operation of a gas interconnector (as defined
in section 5(8) of the Gas Act 1986) and activities ancillary to
these matters
Contact
The Gas
and Electricity Markets Authority
9 Millbank
London
SW1P 5GE
Tel: 020 7901 7000
General
Social Care Council
Matters
in respect of which the person is prescribed:
- Matters relating to the
registration of social care workers under the Care Standards
Act 2000
Contact
General Social Care Council
Goldings House
2 Hays Lane
London
SE1 2HB
Tel: 020 7397 5100
Fax: 020 7397 5145
www.gscc.org.uk
Care
Council for Wales
Matters in respect of which the person is prescribed:
- Matters
relating to the registration of social care workers under the
Care Standards Act 2000
Contact
Care Council for Wales
6th Floor
West Wing
South Gate House
Wood Street
Cardiff
CF10 1EW
Tel: 029 2022 6257
Fax: 029 2038 4764
Email: info@ccwales.org.uk
Scottish
Social Services Council
Matters in respect of which the person is prescribed:
- Matters
relating to the registration of the social services workforce
by the Scottish Social Services Council
Contact
The Chief Executive
Scottish Social Services Council
Compass House
Discovery Quay
11 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 207101
Fax: 01382 207215
Children's
Commissioner for Wales
Matters in respect of which the person is prescribed:
- Matters
relating to the rights and welfare of children
Contact
Children's Commissioner for Wales
Oystermouth House
Phoenix Way
Swansea Enterprise Park
Llansamlet
Swansea
SA7 9FS
Tel: 01792 765600
Fax: 01792 765601
Email: post@childcomwales.org.uk
Health
and Safety Executive
Matters in
respect of which the person is prescribed:
- Matters
which may affect the health or safety of any individual at work;
matters which may affect the health and safety of any member
of the public arising out of, or in connection with, the activities
of persons at work
Contact
Health and Safety Executive
Information Services
Caerphilly Business Park
Caerphilly
South Wales
CF83 3GG
Tel: 0845 345 0055
Fax: 0845 408 9566
Email: hse.infoline@natbrit.com
Housing
Corporation
Matters in respect of which the person is prescribed:
- The
registration and operation of registered social landlords,
including their administration of public and private funds and
management of their housing stock
Contact
Assistant Director Supervision
Housing Corporation
149 Tottenham Court Road
London
W1T 7BN
Tel: 020 7393 2000
Local
authorities
(The
local authority which under section 18 of the Health and Safety
at Work etc Act 1974 is responsible for the enforcement of the
relevant statutory provisions)
Matters
in respect of which the person is prescribed:
- Matters
which may affect the health or safety of any individual at work;
matters which may affect the health and safety of any member
of the public arising out of, or in connection with, the activities
of persons at work
Contact
The appropriate local authority
Information
Commissioner
Matters in respect of which the person is prescribed:
(*Data protection legislation
regulates the processing of information relating to individuals, including the
obtaining, holding, use or disclosure of such information)
(*Freedom of
information legislation provides for the disclosure by public
authorities of the information that they hold)
Contact
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524510
Email: mail@ico.gsi.gov.uk
Scottish Information
Commissioner
Matters in respect of which the person is prescribed:
Contact
Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS
Tel: 01344 464610
Fax: 01344 464611
Email: enquiries@itspublicknowledge.info
National Care
Standards Commission
Matters in respect of which the person is prescribed:
Contact
The Customer Service Manager
National Care Standards Commission
St Nicholas Building
St Nicholas Street
Newcastle
NE1 1NB
Tel: 0191 233 3556
Email: enquiries@ncsc.gsi.gov.uk
National Assembly
for Wales
Matters in respect of which the person is prescribed:
- Matters
relating to the provision of Part II services as defined in
section 8 of the Care Standards Act 2000 and the Children Act
1989
Contact
Chief Executive
Care Standards Inspectorate for Wales
4-5 Charnwood Court
Heol
Billingsley
Nantgarw
Cardiff
CF15 7QZ
Tel: 01443 848450
Fax: 01443 848472
Email:
CSIW_National_Office@wales.gsi.gov.uk
- Matters
relating to the inspection and performance assessment of Welsh
local authority social services as defined in section 148 of the
Health and Social Care (Community Health and Standards) Act 2003
Contact
Chief Inspector
Social Services Inspectorate for Wales
Cathays Park
Cardiff
CF10 3NQ
Tel: 029 2082 5655
Email:
ssiw@wales.gov.uk
- Matters
relating to the review of, and investigation into, the provision
of health care by and for Welsh NHS bodies as defined under the
Health and Social Care (Community Health and Standards) Act 2003
Contact
Chief Executive
Healthcare Inspectorate Wales
Unit 3c
Caerphilly Business Park
Van Road
Caerphilly
CF83 3ED
Tel: 029 2092 8850
Fax: 029 2092 8878
Website:
www.hiw.wales.gsi.gov.uk
The registration and operation of registered social landlords,
including their administration of public and private funds and
management of their housing stock
Contact
Housing Directorate
National Assembly for Wales
Cathay Park
Cardiff
CF10 3NQ
Tel: 029 2082 6944
Scottish Commission for the
Regulation of Care
Matters in respect of which the person is prescribed:
·
Matters relating to the provision of care services, as defined in
the Regulation of Care (Scotland) Act 2000
Contact
The Scottish Commission for the Regulation of Care
Compass House
1 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 207200
Fax: 01382 207289
The Pensions Regulator
Matters in respect of which the person is prescribed:
- Matters relating to occupational pension schemes and other private
pension arrangements
Contact
The Pensions Regulator
Napier House
Trafalgar Place
Brighton
BN1 4DW
Tel: 0870 6063636
Textphone: 0870 2433123
Fax: 0870 2411144
E-mail:
customersupport@thepensionsregulator.gsi.gov.uk
Website:
www.thepensionsregulator.gov.uk
The Office of
Communications
Matters in
respect of which the person is prescribed:
·
the provision of electronic communications networks and the use of
the electro-magnetic spectrum, broadcasting and the provision of
radio and television services, media ownership and control and
competition in communications markets
Contact
Chairman
The Office of
Communications
Riverside House
2a Southwark
Bridge Road
London
SE1 9HA
Tel: 020 7981
3000
Fax: 020 7981
3333
Office
of Fair Trading
Matters in respect of which the person is prescribed:
-
Matters
concerning the sale of goods or the supply of services, which
adversely affects the interests of consumers
-
Competition
affecting markets in the United Kingdom
Contact
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Tel: 020 7211 8000
Fax: 020 7211 8800
Office of Rail
Regulation
Matters
in respect of which the person is prescribed:
- The provision
and supply of railway services
Contact
Office of Rail Regulation
1 Waterhouse Square
138-142 Holborn
London
EC1N 2TQ
Tel: 020 7282 2000
Fax: 020 7282 2040
Standards
Board for England
Matters in respect of which the person is prescribed:
Contact
The Standards Board for England
1st Floor
Cottons Centre
Cottons Lane
London
SE1 2QL
Tel: 0845 078 8181
Local
Commissioner in Wales
Matters in respect of which the person is prescribed:
Contact
Local Government Ombudsman
Derwen House
Court Road
Bridgend
CF31 1BN
Tel: 01656 661325
Fax: 01656 673279
Email:enquiries@ombudsman-wales.org
Standards Commission
for Scotland and the Chief Investigating Officer
Matters in respect of
which the person is prescribed:
Contact
The Standards Commission for Scotland
Forsyth House
Innova Business Campus
Rosyth Europarc
Rosyth
KY11 2UU
Tel: 01383 428 061
Fax: 01383 418 020
Email: enquiries@standardscommission.org.uk
The Chief
Investigating Officer
(Address as above)
HM
Treasury
Matters
in respect of which the person is prescribed:
- The carrying
on of insurance business
Contact
HM Treasury
Insurance Directorate
Parliament Street
London
SW1P 3AG
Tel: 020 7270 1720
Fax: 020 7270 4694
Secretary
of State for Trade and Industry
Matters
in respect of which the person is prescribed:
- Fraud and
other misconduct in relation to companies, investment business,
insurance business, or multi-level marketing schemes (and similar
trading schemes); insider dealing
Contact
Vetting Section
Companies Investigation Branch
Department of Trade and Industry
10 Victoria Street
London
SW1H 0NN
Tel: 020 7215 3120
Fax: 020 7215 3112
Contact
Consumer Affairs Directorate
V418
Department of Trade and Industry
1 Victoria Street
London
SW1H 0ET
Tel: 020 7215 5496
Fax: 020 7215 0339
Secretary
of State for Transport
Matters
in respect of which the person is prescribed:
- Compliance
with merchant shipping law, including maritime safety
Contact
Secretary to the Executive Board
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 023 8032 9277
Fax: 023 8032 9122
Local
authorities which have responsibility for enforcement of consumer
protection legislation
Matters in
respect of which the person is prescribed:
- Compliance
with the requirements of consumer protection legislation
Contact
The appropriate local authority
Local
authorities which are responsible for the enforcement of food
standards
Matters in respect of which the person is prescribed:
- Compliance
with the requirements of food safety legislation
Contact
The appropriate local authority
Appendix
2
ADVICE AND INFORMATION
Advisory, Conciliation and
Arbitration Service
Acas operates
a nationwide network of helplines which deal with queries about
employment matters, including the rights and obligations arising out of
employment law. The service is available to any individual or organisation free
of charge. Any worker who contacts Acas will wish to bear in mind the distinction between seeking
information about the provisions of the Public Interest Disclosure
Act 1998, and the requirements attached to making a protected
disclosure, as explained in section Circumstances in which disclosures are protected (a "protected disclosure")
of this guide.
Public Concern at Work
Public Concern at Work is an independent
organisation which can provide guidance and training to employers on
whistleblowing and can also offer free advice to employees unsure whether or how
to raise a concern about workplace wrongdoing.
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