Summary:  Does a worker need to suffer a detriment in the “field of employment” to bring a whistleblowing claim (under the Employment Rights Act)? Yes, says the Court of Appeal in Tiplady v City of Bradford Metropolitan District Council, available here.  It is not sufficient for the detriment to only affect the employee’s private or…
Continue reading

What do we already know? We updated you in our November 2017 Newsletter Whistleblowing – are you in the know? on the Court of Appeal’s decision in Royal Mail v Jhuti. The Court of Appeal held that automatic unfair dismissal for whistleblowing can only be established if it is the dismissing manager that has been…
Continue reading

Summary: For a disclosure to be ‘in the public interest’, is it enough that the employee has a reasonable belief that this is the case? Yes, held the EAT in Okwu v Rise Community Action available here. Facts:  Ms Okwu was a new starter with Rise – a small charitable organisation – supporting individuals affected…
Continue reading

Summary: Can individual workers can be liable for a whistleblowing dismissal? Yes, held the EAT in Timis & Anor v Osipov & Anor available here. Background:  Since 2013, whistleblowers have had the right to bring a claim directly against their co-workers if subjected to a detriment other than dismissal itself. Dismissal and detriment are treated…
Continue reading

Summary:  Does someone need to be personally motivated by a protected disclosure in order to be found to have subjected a whistleblower to a detriment? Yes, says the EAT in Malik v Cenkos Securities Plc available here. Facts: The employee, Dr Malik, was employed as a senior research analyst by the employer, Cenkos Securities PLC,…
Continue reading

Summary:  Is a disclosure made purely in an employee’s own self-interest a “protected disclosure” under the whistleblowing legislation? No, says the EAT in Parsons v Airplus International Limited available here. Facts:  The employee, Ms Parsons (a qualified non-practising barrister) was employed by Airplus International Ltd, the employer, as its Legal and Compliance Officer.  The job…
Continue reading

What do we already know? We updated you in our July 2016 Newsletter Whistleblowing – are you in the know? on the EAT’s decision in Royal Mail Group Limited v Jhuti. The EAT held that an employee could be automatically unfairly dismissed for whistleblowing even if the dismissal was actioned by a manager who was…
Continue reading

What do we already know? We updated you in our April 2015 Newsletter Case update (3): Whistleblowing – what is in the ‘public interest’? on the EAT’s decision in the case of Chestertons Global Limited v Mr M Nurmohamed. This case dealt with when a whistleblowing complaint can be held to be in the ‘public…
Continue reading

Summary:  Can an agency worker claim whistleblowing protection against an end user? Yes, says the EAT in McTigue v University Hospital Bristol NHS Foundation Trust available here, if the end user “substantially determines” the terms of the worker’s contract. Facts:  Ms McTigue was employed by an employment agency which supplied her to University Hospital Bristol…
Continue reading

Summary:  Can an employee be automatically unfairly dismissed for whistleblowing even if the dismissal was actioned by a manager who was not aware of the employee’s protected disclosures? Yes, says the EAT in Royal Mail Group Limited v Jhuti available here. Facts:  Ms Jhuti was employed by Royal Mail Group Limited. She attended a customer…
Continue reading