MPs become "Prescribed Person" for whistleblowing purposes

Under whistleblowing legislation, whistleblowers should usually, in the first instance, make a protected disclosure to their employer. However, certain disclosures will still be protected under the legislation if they are made to a “prescribed person” other than their employer.

The list of prescribed persons includes relevant organisations, for example, the Health and Safety Executive (HSE) is a “prescribed person”.

From 6 April 2014 onwards, MPs will be prescribed persons in respect of any matter for which any other person is a “prescribed person” – which clearly encompasses a wide range of areas. Interestingly, no other prescribed person on the present list has such a wide remit, each having a dedicated subject area.

It is important that employers are aware of circumstances in which an employee can potentially make a qualifying disclosure. Once an employee has made a protected disclosure they should not be subjected to any detriment and/or dismissed for reason of having made a protected disclosure, or an employer could be subject to a costly claim.