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…
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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,…
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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…
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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…
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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…
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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…
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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…
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What do we already know? In July 2013, the whistle-blower legislation was changed to require a worker making a disclosure to have a reasonable belief that the disclosure was made in the ‘public interest’. The change was primarily aimed at removing whistle-blower protection from workers who made disclosures about alleged breaches of their own personal…
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Summary: When is a worker’s disclosure made in the public interest, so as to attract the protection of the law on whistleblowing? When the employee reasonably believes that their disclosure is in the public interest says the EAT in Chestertons Global Limited v Mr M Nurmohamed available here. Background: In July 2013, the whistleblower legislation…
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The Government has published whistleblowing guidance, available here and here for employers and prescribed persons. The Government guidance is aimed at helping employers to understand: the law relating to whistleblowing; how to put whistleblowing policies in place; and how to bring them to the attention of staff. The Code of Practice gives examples of how whistleblowing…
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