Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 65
3.121. Further changes came into force in June 2025 through the Public Interest
Disclosure (Prescribed Persons) (Amendment) Order 2025, which expanded the
list of prescribed persons to include HM Treasury, the Secretary of State for
Business and Trade, and the Secretary of State for Transport for disclosures
concerning breaches of UK financial, trade and transport sanctions. Proposals
to introduce additional protections within the NHS—particularly the regulation
and accountability of NHS managers—remain under consultation and are not
yet implemented.
3.122. A disclosure qualifies for protection where the worker reasonably believes that
one of the following has occurred, is occurring, or is likely to occur:
A criminal offence
Failure to comply with a legal obligation
A miscarriage of justice
Danger to the health or safety of an individual
Damage to the environment
Deliberate concealment of any of the above
3.123. To be protected, the individual must meet the statutory definition of a
“worker”, which includes employees, agency workers, NHS practitioners
(including GPs), certain trainees such as specialty registrars, and partners in
firms. The worker must reasonably believe the disclosure is made in the public
interest.
3.124. Protected disclosures need not be made in good faith; however, an employment
tribunal may reduce compensation by up to 25% if the disclosure is found to
have been made in bad faith. Any contractual term attempting to prevent a
worker from making a protected disclosure (a “gagging clause”) is void.
3.125. Occupational health professionals may hold information that falls within the
scope of the Act. Before disclosing such information to external bodies (e.g. the
HSE, police or environmental agencies), practitioners should consider the issues
carefully and seek advice from a legal adviser or their professional or indemnity
body. External disclosure without prior discussion with the employer would be
unusual and should only be undertaken following careful professional
judgement.
Page | 64
