Public Interest Disclosure Bill - continued        House of Commons
PART IVA, PROTECTED DISCLOSURES - continued

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Limit on amount of compensation.     4. - (1) Section 49 of the 1996 Act (remedies) is amended as follows.
 
      (2) At the beginning of subsection (2) there is inserted "Subject to subsection (6)".
 
      (3) After subsection (5) there is inserted-
 
 
    "(6) Where-
 
 
    (a) the complaint is made under section 48(1A),
 
    (b) the detriment to which the worker is subjected is the termination of his worker's contract, and
 
    (c) that contract is not a contract of employment,
  any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 103A."
 
Unfair dismissal.     5. After section 103 of the 1996 Act there is inserted-
 
 
"Protected disclosure.     103A. An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure."
 
Redundancy.     6. After subsection (6) of section 105 of the 1996 Act (redundancy) there is inserted-
 
 
    "(6A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 103A."
 
Exclusion of restrictions on right not to be unfairly dismissed.     7. - (1) In subsection (3) of section 108 of the 1996 Act (cases where qualifying period of employment not required), after paragraph (f) there is inserted-
 
 
    "(ff) section 103A applies,"
      (2) In subsection (2) of section 109 of the 1996 Act (disapplication of upper age limit), after paragraph (f) there is inserted-
 
 
    "(ff) section 103A applies,".
Compensation for unfair dismissal.     8. - (1) In section 112(4) of the 1996 Act (compensation for unfair dismissal) after "sections 118 to 127" there is inserted "or in accordance with regulations under section 127A".
 
      (2) In section 117 of that Act (enforcement of order for reinstatement or re-engagement)-
 
 
    (a) in subsection (2) after "section 124" there is inserted "and to regulations under section 127A", and
 
    (b) in subsection (3) after "and (2)" there is inserted "and to regulations under section 127A".
      (3) In section 118 of that Act (general provisions as to unfair dismissal), at the beginning of subsection (1) there is inserted "Subject to regulations under section 127A,".
 
      (4) After section 127 of the 1996 Act there is inserted-
 
 
"Dismissal as a result of protected disclosure.     127A. - (1) This section applies where the reason (or, if more than one, the principal reason)-
 
    (a) in a redundancy case, for selecting the employee for dismissal, or
 
    (b) otherwise, for the dismissal,
  is that specified in section 103A.
 
      (2) The Secretary of State may by regulations provide that where this section applies any award of compensation for unfair dismissal under section 112(4) or 117(1) or 117(3) shall, instead of being calculated in accordance with the provisions of sections 117 to 127, consist of one or more awards calculated in such manner as may be prescribed by the regulations.
 
      (3) Regulations under this section may, in particular, apply any of the provisions of sections 117 to 127 with such modifications as may be specified in the regulations."
 
Interim relief.     9. In sections 128(1)(b) and 129(1) of the 1996 Act (which relate to interim relief) for "or 103" there is substituted ", 103 or 103A".
 
Crown employment.     10. In section 191 of the 1996 Act (Crown employment), in subsection (2) after paragraph (a) there is inserted-
 
 
    "(aa) Part IVA,".
National security.     11. In section 193 of the 1996 Act (national security), in subsection (2) after paragraph (b) there is inserted-
 
 
    "(bb) Part IVA,
 
    (bc) in Part V, section 47A,".
Work outside Great Britain.     12. - (1) Section 196 of the 1996 Act (employment outside Great Britain) is amended as follows.
 
      (2) After subsection (3) there is inserted-
 
 
    "(3A) Part IVA and section 47A do not apply to employment where under the worker's contract he ordinarily works outside Great Britain."
 
      (3) In subsection (5), after "subsections (2)" there is inserted ", (3A)".
 
Police officers.     13. In section 200 of the 1996 Act (police officers), in subsection (1) (which lists provisions of the Act which do not apply to employment under a contract of employment in police service, or to persons engaged in such employment)-
 
 
    (a) after "Part III" there is inserted "Part IVA", and
 
    (b) after "47" there is inserted "47A".
Remedy for infringement of rights.     14. In section 205 of the 1996 Act (remedy for infringement of certain rights) after subsection (1) there is inserted-
 
 
    "(1A) In relation to the right conferred by section 47A, the reference in subsection (1) to an employee has effect as a reference to a worker."
 
Interpretative provisions of 1996 Act.     15. - (1) At the end of section 230 of the 1996 Act (employees, workers etc) there is inserted-
 
 
    "(6) This section has effect subject to sections 43K and 47A(3); and for the purposes of Part XIII so far as relating to Part IVA or section 47A, "worker", "worker's contract" and, in relation to a worker, "employer", "employment" and "employed" have the extended meaning given by section 43K."
 
      (2) In section 235 of the 1996 Act (other definitions) after the definition of "position" there is inserted-
 
 
    ""protected disclosure" has the meaning given by section 43A;".
Dismissal of those taking part in unofficial industrial action.     16. - (1) In section 237 of the Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal of those taking part in unofficial industrial action), in subsection (1A) (which provides that the exclusion of the right to complain of unfair dismissal does not apply in certain cases)-
 
 
    (a) for "or 103" there is substituted ", 103 or 103A", and
 
    (b) for "and employee representative cases)" there is substituted "employee representative and protected disclosure cases)".
Corresponding provision for Northern Ireland.     17. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act-
 
 
    (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
 
    (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Short title, interpretation, commencement and extent.     18. - (1) This Act may be cited as the Public Interest Disclosure Act 1998.
 
      (2) In this Act "the 1996 Act" means the Employment Rights Act 1996.
 
      (3) Subject to subsection (4), this Act shall come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
 
      (4) The following provisions shall come into force on the passing of this Act-
 
 
    (a) section 1 so far as relating to the power to make an order under section 43F of the 1996 Act,
 
    (b) section 8 so far as relating to the power to make an order under section 127A of the 1996 Act,
 
    (c) section 17, and
 
    (d) this section.
      (5) This Act, except section 17, does not extend to Northern Ireland.
 
 
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Prepared 9 December 1997