302 EIGHTEEN YEARS oF WHISTLEBLoWING LEGISLATIoN at a particular workplace? Does it depend on the nature or frequency of the bullying/harassment, whether it affects a few individuals or permeates the whole organisation or whether it occurs in a large public sector body or a small private sector firm?37 That personal and public interest matters may be intertwined is problematic as is the fact that an organisation may encourage the internal reporting of concerns about wrongdoing that do not have a public dimension in order to further its private interests. II - PROTECTED DISCLOSURES Section 43A ERA 1996 defines a "protected disclosure" as a qualifying disclosure which is made to the worker's employer or to another responsible person;38 or in the course of obtaining legal advice;39 to a Minister of the Crown;40 to a person prescribed by the Secretary of State;41 or, in limited circumstances, to any other person (for example, the media).42 originally such disclosures had to be made in "good faith" but this requirement was removed in 2015. Instead, Sections 49(6A) and 123 (6A) ERA 1996 allows a tribunal, "if it considers it just and equitable to do so" to reduce awards by no more that 25% if "it appears... that the disclosure was not made in good faith". Those who believe that the focus of attention should be on the message rather than the messenger will argue that where a worker has been held to have made a disclosure in the public interest his or her motive or intention should not be open to scrutiny. In the author's opinion, malicious allegations could be deterred if employers made it a serious disciplinary offence for people to disclose information that they knew to be false. Indeed, there are legal remedies available for defamation and malicious falsehood.43 Section 43C(1) ERA 1996 protects workers who make qualifying disclosures to their employer or to another person who is responsible for the matter disclosed. Research consistently shows that whistleblowing procedures usually provide for concerns to be reported to line managers but also 37. According to Roberts (2014): 'While the immediate motivation may be personal outrage due to the bullying or sexual harassment, community standards and attitudes ensures that those issues also have a strong public interest dimension'. 38. Section 43C ERA 1996. 39. Section 43D ERA 1996. 40. Section 43E ERA 1996. 41. Section 43F ERA 1996. 42. Sections 43G & 43H ERA 1996. 43. See Lewis (2016).