1

Application and Definitions

1.1

Unless otherwise stated, this Part applies to:

  1. (1) a UK Solvency II firm;
  2. (2) in accordance with Insurance General Application 3, the Society, as modified by 3; and
  3. (3) in accordance with Insurance General Application 3, managing agents, as modified by 3.

1.2

In this Part, the following definitions shall apply:

protected disclosure

means a qualifying disclosure as defined in section 43B of the Employment Rights Act 1996 made by a worker in accordance with sections 43C to 43H of the Employment Rights Act 1996.

reportable concern

means a concern held by any person in relation to the activities of a firm, including:

    1. (a) any matter that, if disclosed, would be the subject-matter of a protected disclosure, including a breach of any rule;
    2. (b) a failure to comply with the firm’s policy and procedures; and
    3. (c) behaviour that has or is likely to have an adverse effect on the firm’s reputation or financial well-being.

worker

means as defined by section 230(3) of the Employment Rights Act 1996 and as extended under section 43K of the Employment Rights Act 1996.

1.3

In this Part, a reference to a provision of the Employment Rights Act 1996 includes a reference to the corresponding provision of the Employment Rights (Northern Ireland) Order 1996.