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.
Commentary on Sections Protected Disclosures Section 13: Disclosures not protected unless believed to be made in the public interest