Section 43E ERA of PIDA
43E. - A qualifying disclosure is made in accordance with this section if-
(a) the worker's employer is-
- an individual appointed under any enactment [including any enactment comprised in, or an instrument made under, an Act of the Scottish Parliament] by a Minister of the Crown [or a member of the Scottish Executive], or
- a body any of whose members are so appointed, and
- (b) the disclosure is made in good faith to a Minister of the Crown [or a member of the Scottish Executive].
In summary, where a worker is employed by an individual or a body appointed by a Minister of the Crown or a member of the Scottish Executive under statutory powers (e.g. which may include individuals who work for a government agency or quango, utility regulators, NHS Trusts, tribunals and non-departmental bodies etc.), then a disclosure made to a government minister or member of the Scottish Executive will be a protected disclosure.
“disclosure” : s.43L(3)
“employer” : s.43K(2)
“qualifying disclosure” : s.43B
“worker” : s.43K(1)