What do we already know? We updated you in our December 2019 Newsletter here on the Supreme Court decision in Royal Mail v Jhuti.  The Court decided that tribunals have a duty to look beyond a dismissing manager’s reason for dismissal if they are influenced by another manager (senior to the employee) who hides the…
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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…
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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…
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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…
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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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