110BRetaliation against whistleblower

1. For the purposes of this Part, retaliate has the meaning given in section 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022.

2. An employer may be found to have retaliated, or threatened to retaliate, only if the protected disclosure was a substantial reason for the employer’s relevant actions or omissions.

3. The burden of proof is on the employer to prove, on the balance of probabilities, that the disclosure was not a substantial reason for the employer’s actions or omissions.

Notes

• Section 110B: inserted, on 1 July 2022, by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).