Baroness Kramer
Main Page: Baroness Kramer (Liberal Democrat - Life peer)Department Debates - View all Baroness Kramer's debates with the Home Office
Report stage
Wednesday 16th July 2025
Read Full debate Employment Rights Bill 2024-26 View all Employment Rights Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 113-II(a) Amendments for Report (Supplementary to the Second Marshalled List) - (15 Jul 2025)
Wednesday 16th July 2025
(2 days, 6 hours ago)
Lords ChamberRead Full debate Employment Rights Bill 2024-26 View all Employment Rights Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 113-II(a) Amendments for Report (Supplementary to the Second Marshalled List) - (15 Jul 2025)
Tabled by
Baroness Kramer
95: After Clause 26, insert the following new Clause—
“Protected disclosures and the Office of the Whistleblower(1) The Employment Rights Act 1996 is amended as follows.(2) For section 43A (meaning of “protected disclosure”) substitute—“43A Meaning of “protected disclosure”In this Act a “protected disclosure” means any disclosure of information which is made in the public interest to persons specified in section 43C(1), and which is a qualifying disclosure under section 43C(1), which relates to one or more of the matters in section 43B(1) and which relates to a circumstance which has occurred, is occurring or may occur.”(3) In section 43B (disclosures qualifying for protection), for subsection (1) substitute—“(1) In this Part, a qualifying disclosure means any disclosure of information which relates to—(a) a criminal offence or regulatory breach;(b) the failure of any person including a relevant person to comply with a legal obligation;(c) a miscarriage of justice;(d) the endangering of the health or safety of any person;(e) damage to the environment;(f) mismanagement of public funds;(g) misuse or abuse of authority;(h) such other matters as may be prescribed in regulations made by the Secretary of State;(i) concealment of information or removal or deletion or destruction of any documents relating to the above matters.”(4) In section 43C (disclosure to employer or other responsible person), for subsection (1) substitute—“(1) The persons referred to in section 43A are—(a) the Office of the Whistleblower;(b) a relevant person;(c) a person who, in the reasonable belief of the person making the disclosure is a relevant person;(d) a person to whom it is reasonable for the person making the disclosure to make that disclosure.”(5) After section 43C, insert the following new section—“43CA Disclosure to the Office of the Whistleblower(1) The Secretary of State must, by regulations made by statutory instrument, within one year after the day on which the Employment Rights Act 2025 is passed, establish a body corporate called the Office of the Whistleblower (hereafter referred to as “the Office”).(2) The principal duty of the Office is to protect whistleblowers and have oversight of the process of whistleblowing.(3) The functions of the Office are to—(a) set minimum standards for whistleblowing policies, procedures and reporting structures;(b) monitor and enforce compliance with those standards; (c) provide an independent disclosure and reporting service;(d) provide support for whistleblowers;(e) bring actions for the offence specified in subsection (6) including action notices, redress orders and interim relief orders which may be appealed to the First-tier Tribunal;(f) prevent the exercise of Confidentiality Agreements and Non-Disclosure Agreements except where non-disclosure is for purposes of commercial confidentiality orto provide whistleblower anonymity.(4) For the purposes of this Act, a person is a “whistleblower” if they are a worker who has made, makes or is intending to make a protected disclosure or is perceived by a relevant person to have made, be making or intend to make a protected disclosure, related to their employment.(5) Any whistleblower who is dismissed from their employment may refer their case to the Office of the Whistleblower, regardless of whether whistleblowing is cited as a cause of their dismissal.(6) A person who intentionally or recklessly submits a whistleblower to detriment is guilty of an offence.(7) For the purposes of this section, the maximum amount of the fine shall be—(a) in the case of an individual, 10% of their gross annual income, not exceeding £50,000;(b) in any other case, an amount not exceeding 10% of the entity’s annual global turnover.(8) Cases arising from subsection (6) are to be heard by the Employment Tribunal.(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””Member's explanatory statement
This amendment establishes the Office of the Whistleblower to protect whistleblowers, oversee whistleblowing processes, and enforce compliance with reporting standards. It also allows dismissed whistleblowers to refer their cases to the Office and expands the definition of protected disclosures to cover various public interest concerns, including criminal offences and mismanagement of public funds.
“Protected disclosures and the Office of the Whistleblower(1) The Employment Rights Act 1996 is amended as follows.(2) For section 43A (meaning of “protected disclosure”) substitute—“43A Meaning of “protected disclosure”In this Act a “protected disclosure” means any disclosure of information which is made in the public interest to persons specified in section 43C(1), and which is a qualifying disclosure under section 43C(1), which relates to one or more of the matters in section 43B(1) and which relates to a circumstance which has occurred, is occurring or may occur.”(3) In section 43B (disclosures qualifying for protection), for subsection (1) substitute—“(1) In this Part, a qualifying disclosure means any disclosure of information which relates to—(a) a criminal offence or regulatory breach;(b) the failure of any person including a relevant person to comply with a legal obligation;(c) a miscarriage of justice;(d) the endangering of the health or safety of any person;(e) damage to the environment;(f) mismanagement of public funds;(g) misuse or abuse of authority;(h) such other matters as may be prescribed in regulations made by the Secretary of State;(i) concealment of information or removal or deletion or destruction of any documents relating to the above matters.”(4) In section 43C (disclosure to employer or other responsible person), for subsection (1) substitute—“(1) The persons referred to in section 43A are—(a) the Office of the Whistleblower;(b) a relevant person;(c) a person who, in the reasonable belief of the person making the disclosure is a relevant person;(d) a person to whom it is reasonable for the person making the disclosure to make that disclosure.”(5) After section 43C, insert the following new section—“43CA Disclosure to the Office of the Whistleblower(1) The Secretary of State must, by regulations made by statutory instrument, within one year after the day on which the Employment Rights Act 2025 is passed, establish a body corporate called the Office of the Whistleblower (hereafter referred to as “the Office”).(2) The principal duty of the Office is to protect whistleblowers and have oversight of the process of whistleblowing.(3) The functions of the Office are to—(a) set minimum standards for whistleblowing policies, procedures and reporting structures;(b) monitor and enforce compliance with those standards; (c) provide an independent disclosure and reporting service;(d) provide support for whistleblowers;(e) bring actions for the offence specified in subsection (6) including action notices, redress orders and interim relief orders which may be appealed to the First-tier Tribunal;(f) prevent the exercise of Confidentiality Agreements and Non-Disclosure Agreements except where non-disclosure is for purposes of commercial confidentiality orto provide whistleblower anonymity.(4) For the purposes of this Act, a person is a “whistleblower” if they are a worker who has made, makes or is intending to make a protected disclosure or is perceived by a relevant person to have made, be making or intend to make a protected disclosure, related to their employment.(5) Any whistleblower who is dismissed from their employment may refer their case to the Office of the Whistleblower, regardless of whether whistleblowing is cited as a cause of their dismissal.(6) A person who intentionally or recklessly submits a whistleblower to detriment is guilty of an offence.(7) For the purposes of this section, the maximum amount of the fine shall be—(a) in the case of an individual, 10% of their gross annual income, not exceeding £50,000;(b) in any other case, an amount not exceeding 10% of the entity’s annual global turnover.(8) Cases arising from subsection (6) are to be heard by the Employment Tribunal.(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””Member's explanatory statement
This amendment establishes the Office of the Whistleblower to protect whistleblowers, oversee whistleblowing processes, and enforce compliance with reporting standards. It also allows dismissed whistleblowers to refer their cases to the Office and expands the definition of protected disclosures to cover various public interest concerns, including criminal offences and mismanagement of public funds.
Baroness Kramer (LD)
My Lords, I will not move Amendment 95, but I take a different position on Amendment 96.
On Monday, the Government published their long-awaited Grant Thornton review of the existing whistleblower framework. Despite its narrow remit, the review is, frankly, jaw-dropping, and the Government have no choice now but to set in train fundamental reforms for the whole whistleblowing framework. It is in acknowledgement of the significance of that publication that I will not move Amendment 95.
--- Later in debate ---
Moved by
Baroness Kramer
96: After Clause 26, insert the following new Clause—
“Regulations to protect whistleblowers(1) The Secretary of State must, by regulations, make provision to—(a) extend the circumstances in which an employee is considered unfairly dismissed after making a protected disclosure, and(b) require employers to take reasonable steps to investigate any disclosure made to them under section 43C of the Employment Rights Act 1996.(2) Regulations made under subsection 1 apply to any employer with—(a) 50 or more employees,(b) an annual business turnover or annual balance sheet total of £10 million or more,(c) operations in financial services, or(d) vulnerabilities in other respects to money laundering or terrorist financing.(3) When making regulations under subsection (1)(b), the Secretary of State must set out in statutory guidance what “reasonable steps” should include.(4) The Secretary of State must make regulations under this section within six months of the day on which this Act is passed.(5) Regulations under this section are subject to the negative resolution procedure.”Member's explanatory statement
This new clause requires the Secretary of State to make regulations strengthening whistleblower protections by broadening unfair dismissal grounds and obliging certain employers to take reasonable steps to investigate protected disclosures.
“Regulations to protect whistleblowers(1) The Secretary of State must, by regulations, make provision to—(a) extend the circumstances in which an employee is considered unfairly dismissed after making a protected disclosure, and(b) require employers to take reasonable steps to investigate any disclosure made to them under section 43C of the Employment Rights Act 1996.(2) Regulations made under subsection 1 apply to any employer with—(a) 50 or more employees,(b) an annual business turnover or annual balance sheet total of £10 million or more,(c) operations in financial services, or(d) vulnerabilities in other respects to money laundering or terrorist financing.(3) When making regulations under subsection (1)(b), the Secretary of State must set out in statutory guidance what “reasonable steps” should include.(4) The Secretary of State must make regulations under this section within six months of the day on which this Act is passed.(5) Regulations under this section are subject to the negative resolution procedure.”Member's explanatory statement
This new clause requires the Secretary of State to make regulations strengthening whistleblower protections by broadening unfair dismissal grounds and obliging certain employers to take reasonable steps to investigate protected disclosures.