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110A: Adverse conduct for prohibited health and safety reason
or “When a boss unfairly treats a worker for speaking up about safety at work”
You could also call this:

“When an employer punishes someone for speaking up about wrongdoing at work”

If you make a protected disclosure, which is sometimes called whistleblowing, your employer is not allowed to retaliate against you. Retaliation means doing something to punish or hurt you because of your disclosure. The exact meaning of retaliate is explained in section 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022.

Your employer can only be found to have retaliated if your protected disclosure was a big reason for their actions or things they didn’t do. If there’s a question about whether your employer retaliated, they have to prove that your disclosure wasn’t a big reason for what they did or didn’t do. This means the responsibility is on your employer, not on you, to show they didn’t retaliate because of your disclosure.

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Next up: 111: Definitions relating to personal grievances

or “This part explains what certain words mean when talking about problems at work.”
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Part 9 Personal grievances, disputes, and enforcement
Personal grievances

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 , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).