Protection if you flag discrimination at work on behalf of someone else?

[grish]

If you raise a health and safety concern about something that doesn't affect you personally but might harm someone else, you are supposedly protected by whistleblowing legislation.

In the same way, if you raise a concern about possible unlawful discrimination in the workplace that doesn't affect you personally, are you in anyway legally protected from retribution from your employer?

[dslippy]

Employment Rights Act 1996 43B Disclosures qualifying for protection.

(1)In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, [F2 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,

(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.

(2)For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

(3)A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

(4)A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.

(5)In this Part “ the relevant failure ”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1)

43B(b) and 43B (d) look appropriate (obligation not to discriminate unlawfully and H&S)

[grish]

Employment Rights Act 1996 43B Disclosures qualifying for protection.

(1)In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, [F2 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,

(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.

(2)For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

(3)A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

(4)A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.

(5)In this Part “ the relevant failure ”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1)

43B(b) and 43B (d) look appropriate (obligation not to discriminate unlawfully and H&S)

Thank you, do you know if there's anything more recent such as the equality act 2010? I've had a good look and can't see anything but I'm not sure if I'm missing something?

[atticus]

Does it matter if the legislation is current?

[dslippy]

It is the legislation as amended by later legislation

[grish]

Does it matter if the legislation is current?

If by current you mean the legislation can be used in court today then yes that would be useful. I don't wish to say too much but it seems very clear to me that some people where I work are being exploited because the employer believes they won't/can't argue back as English isn't their first language. I wish to raise some concerns on their behalf but wan't to know if I have any statutory protections if I do so.

[atticus]

the Employment Rights Act 1996 is very much in force now, in 2022.

These statutory protections exist. But if your employer ignores them and takes some kind of action against you, then enforcing your rights will be a long and difficult affair.

[grish]

the Employment Rights Act 1996 is very much in force now, in 2022.

These statutory protections exist. But if your employer ignores them and takes some kind of action against you, then enforcing your rights will be a long and difficult affair.

Thank you, as a layperson I'm struggling to see anything in the ERA that would provide me with any protection if I do what I plan to do. I'm guessing my complaint would come under a personal grievance so according to the government website I wouldn't be covered by whistleblowing legislation. Unless I could prove that it was in the public interest, which I'm not sure I could. https://www.gov.uk/whistleblowing

Are you able to show where these the statutory protections you're referring to are that might be helpful in my circumstances?

[ULA]

If you want to effectively "whistle-blow" then the overarching requirement is that it is in the public interest. In section 43B (1) of Employment Rights Act the within brackets part [F2 is made in the public interest and] was added on 25.6.2013 by virtue of the Enterprise and Regulatory Reform Act 2013. So the protections as a whistle-blower only apply if the public interest aspect can be justified.

What may be able to help you is the Equality Act 2010 and discrimination which is contained within the Equality Act. Within this victimisation is when someone treats you badly or subjects you to a detriment because you complain about discrimination or help someone who has been the victim of discrimination. Because the Equality Act recognises you may be worried about complaining, you have extra legal protection when you complain about discrimination. Of relevance to your situation, is that you would be protected against victimisation by virtue of the fact you are giving evidence or information to help someone else who has made a complaint or a claim under the Act.

You would not protected against victimisation if you act in bad faith by making false accusations or by giving false information. However, you are still protected if you give information which you thought was true even if it later proves to be wrong or if the proceedings are unsuccessful.

However I would suggest you take heed of atticus "if your employer ignores them and takes some kind of action against you, then enforcing your rights will be a long and difficult affair."

[Chambertin]

I

In the same way, if you raise a concern about possible unlawful discrimination in the workplace that doesn't affect you personally, are you in anyway legally protected from retribution from your employer?

Can someone answer this part of the question as it's similar one I'm also interested in.

Can I be a victim of discrimination or harassment if my employer is openly hostile towards whole classes within protected characteristic groups? They may not target me as an individual person but do target entire classes of people of which I am a member.

I am having an employment tribunal now where I am arguing that I am subject to harassment because my employer publishes things which declare things such as 'a white male prototype is pervasive and undermines inclusion'. I am included in that category and feel that my dignity has been violated because I am being declared a menace by dint of my immutable characteristics and through no actions of my own. Even though they don't say 'you, Chambertin, are pervasive and undermine inclusion owing to your whiteness and maleness' I'm clearly still included in this vilified section.

The respondent and even the judge says it must be about how I was treated personally but I can't find anything in the legislation which supports that notion and they haven't cited anything in support.

Furthermore, it's frankly inconceivable that a piece of legislation designed to prohibit harassment and discrimination based on protected characteristics wouldn't encompass harassment and discrimination against the entire group.

According to the respondents solicitors and even the employment judges interpretation it is therefore perfectly legal for an employer to denigrate swathes of their staff according to their race, sex, gender reassignment, RoB in an overarching manner. This can't be the case and I'll be appealing to the EAT but I wondered if anyone had any insights?

[ULA]

Chambertin it seems that you have posted on another poster's thread which is not very helpful.

I would suggest that you post this on your own thread. I have already asked you to keep to one thread as you were creating multiple thread on the same isse.

So please will you repost this on yiur main thread otherwise our community will not be able to assist you.

[Chambertin]

ULA your community hasn’t assisted me anyway. And your community has ignored that part of the OPs question too.

It’s clearly an area where this forums experts fear to tread, or simply lack knowledge. It would be helpful if the forum could just admit the limits of its knowledge instead of simply ignoring things.

I’m not impressed with this place so far.

[dslippy]

I think you misunderstand the way these places work.

[ULA]

Chambertin your previously merged thread has been responded to and in fact, I am awaiting the courtesy of a response to the question I asked, it would be helpful if you could reply to this as well as reposting your post #10 from this thread.

Below is the link to your thread which I am requesting you continue to post on

https://legalbeagles.info/forums/for...ation-question

[Scott_12]

As an employee, you have to stand against any kind of discrimination that happens to you or your colleague. Every worker has their basic rights, so they can work freely. Never take these issues lightly because they can cause a bigger problem in the future.