Whistleblowing/Public interest disclosures
We look at three recent employment tribunal decisions where the employee succeeded in their whistleblowing claim.
We look at three cases dealing with issues around discrimination and whistleblowing, arising from the coronavirus (COVID-19) pandemic.
In Sinelnikova v ActivTrades plc, an employment tribunal upheld a compliance officer's claims of unfair dismissal, whistleblowing and victimisation after finding that she had been subjected to "concerted and malicious" action by her employer.
In Royal Mail Group Ltd v Jhuti, the Supreme Court held that, where a dismissal for making protected disclosures is hidden behind an invented reason that is adopted by the decision-maker, the reason for the dismissal is the hidden reason rather than the invented one.
In Ibrahim v HCA International Ltd, the Court of Appeal reiterated the two-step test for an employment tribunal to follow when deciding if the claimant had a reasonable belief that the disclosures they were making were "in the public interest".
In Gilham v Ministry of Justice, the Supreme Court unanimously held that whistleblowing protection extends to judicial officeholders.
In Simpson v Cantor Fitzgerald Europe, the Employment Appeal Tribunal upheld the tribunal decision that 37 disclosures made by a city worker are not protected disclosures within the meaning of s.43B of the Employment Rights Act 1996.
In Ibrahim v HCA International Ltd, the Employment Appeal Tribunal (EAT) held that the worker's complaint that false rumours had been spread about him is an allegation of defamation and a disclosure of information that tends to show a breach of a legal obligation under the whistleblowing provisions.
In Timis and another v Osipov and another, the Court of Appeal held that, under s.47B of the Employment Rights Act 1996, an employee may bring a whistleblowing claim for dismissal-related detriment against a fellow worker.
In Kilraine v London Borough of Wandsworth, the Court of Appeal held that an "allegation" can contain "information" and the terms are not mutually exclusive for the purposes of the whistleblowing legislation.
Employment law cases: HR and legal information and guidance relating to whistleblowing/Public interest disclosures.