McTigue v University Hospital Bristol NHS Foundation Trust [2016] IRLR 742 EAT

Reports relating to this case:

  • Whistleblowing: Whistleblower can be both employee or worker of agency and worker of end user

    Date:
    31 December 2016

    In McTigue v University Hospital Bristol NHS Foundation Trust [2016] IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.

  • Agency worker able to bring whistleblowing claim against end user

    Date:
    11 August 2016

    The Employment Appeal Tribunal (EAT) has held that where the terms of an engagement have been substantially determined by both the employer agency and the end user, both are capable of being the individual's employer for the purposes of the whistleblowing legislation.