The Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018

Prohibition of discrimination because of protected disclosure

3.  An NHS employer(1) must not discriminate(2) against an applicant(3) because it appears to the NHS employer that the applicant has made a protected disclosure(4).

(1)

See section 49B(6) and (7) of the 1996 Act read with regulation 2 of these Regulations as to the definition of “NHS employer”.

(2)

See section 49B(3) of the 1996 Act as to when an NHS employer discriminates against an applicant for the purposes of section 49B(1) of that Act.

(3)

See section 49B(2) of the 1996 Act as to the definition of “applicant”.

(4)

See sections 43A and 235 of the 1996 Act as to the definition of “protected disclosure”. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c.23) (“the 1998 Act”). Section 235 was amended, so far as relevant, by section 15 of the 1998 Act.