Commentary on Sections Protected Disclosures Section 13: Disclosures not protected unless believed to be made in the public interest
The effect of section 13 is to insert a specific public interest test into the ERO 1996. This ensures that, in order to benefit from protection, whistleblowing claims must, in the future, satisfy a public interest test and disclosures, which can be characterised as being of a personal rather than public interest, will not be protected.
For example, if a worker does not receive the correct amount of holiday pay (which may be a breach of the terms of his/her contract of employment), this is a matter of personal rather than wider interest.
The worker must also show that the belief that the disclosure was in the public interest was reasonable in the circumstances.