Part 1: Children Chapter 3: Other provision relating to children’s social care Section 32: Pre-employment protection of whistle-blowers
This section amends Part 5A of the Employment Rights 1996 (‘the ERA’) (section 32(1)) and inserts new whistleblowing arrangements after section 49B (section 31(4)). The new section 49C gives the Secretary of State a power, through Regulations, to prohibit relevant employers (as defined in new section 49C(7)) in England, Scotland and Wales from discriminating against a person who applies for a children’s social care position (an "applicant") because it appears to the employer that the applicant has made a protected disclosure (within the meaning given by section 43A of the Employment Rights Act 1996). Sections 49C(2) and 49C(3) respectively define the meaning of ‘position’ in a contractual context and in terms of the meaning of ‘children’s social care position’. Discrimination for the purposes of section 49C(1) is defined at section 49C(4). Section 49C(5) sets out what regulations may do and section 49C(6) clarifies that the application of section 236(5) of the ERA is not affected by section 49C(5)(f) regulations making incidental or consequential provision. Section 49C(8) defines local authority in England for these purposes and section 49C(9) defines ‘children’s social care functions’. Sections 49C(10) and 49C(11) respectively set out that the Secretary of State must consult Welsh and Scottish Ministers before making regulations under this section. Section 49C(12) defines the term ‘worker’ and the meaning of ‘worker of a relevant employer’ for the purposes of 49(5)(a).
	For the purposes of this new section, an employer discriminates against an applicant if, because it appears to the employer that the applicant has made a protected disclosure, the employer refuses the applicant’s application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract.
	In addition, the Secretary of State through such regulations may also confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal, make provisions for the grant or enforcement of remedies specified by a court or tribunal, and make provision for the making of awards of compensation calculated in accordance with the regulations.
	Sub-sections (5) and (6) are technical insertions in light of the new whistleblowing arrangements inserted by the new section 49C.