66 Victimisation

(1)

It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circumstances—

(a)

on the ground that that person, or any relative or associate of that person,—

(i)

intends to make use of his or her rights under this Act or to make a disclosure under the Protected Disclosures Act 2000; or

(ii)

has made use of his or her rights, or promoted the rights of some other person, under this Act, or has made a disclosure, or has encouraged disclosure by some other person, under the Protected Disclosures Act 2000; or

(iii)

has given information or evidence in relation to any complaint, investigation, or proceeding under this Act or arising out of a disclosure under the Protected Disclosures Act 2000; or

(iv)

has declined to do an act that would contravene this Act; or

(v)

has otherwise done anything under or by reference to this Act; or

(b)

on the ground that he or she knows that that person, or any relative or associate of that person, intends to do any of the things mentioned in subparagraphs (i) to (v) of paragraph (a) or that he or she suspects that that person, or any relative or associate of that person, has done, or intends to do, any of those things.

(2)

Subsection (1) shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith.

Compare: 1977 No 49 s 31

Section 66(1)(a): substituted, on 1 January 2001, by section 25 of the Protected Disclosures Act 2000 (2000 No 7).