Human Rights Act 1993

If you need more information about this Act, please contact the administering agency: Ministry of Justice
66 Victimisation of whistleblower or person making use of rights prohibited

(1)

It is unlawful for any person (A) to treat, or threaten to treat, another person (B) less favourably than A would treat other persons in the same or substantially similar circumstances because—

(a)

B (or a relative or associate of B)—

(i)

intends to make, or has made, use of their rights under this Act; or

(ii)

has encouraged another person to make use of their rights, or has promoted the rights of another person, under this Act; or

(iii)

has given information in support of, or relating to, any complaint, investigation, or proceeding under this Act; 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)

A believes or suspects that B (or a relative or associate of B) intends to do, or has done, anything mentioned in paragraph (a).

(2)

Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.

(3)

Any breach of section 22(1) of the Protected Disclosures (Protection of Whistleblowers) Act 2022 is unlawful under this Act. The rest of this Act applies to that breach (so that, for example, section 68 of this Act applies to treat employee actions or omissions as done or omitted by their employer).

Section 66: replaced, on 1 July 2022, by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).