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Whistleblowing: Opinion on discretionary redundancy scheme not protected disclosure

This report relates to 1 case(s)

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    Goode v Marks & Spencer plc EAT/0442/09 (1 other report)

    • Goode v Marks & Spencer plc

      Date:
      20 April 2010

      The Employment Appeal Tribunal has held that where a disclosure is merely an expression of opinion that fails to show that a legal obligation has been or is likely to be breached, it cannot amount to a protected or qualifying disclosure for the purposes of the whistleblowing legislation.

In Goode v Marks & Spencer plc EAT/0442/09, the EAT held that an employment tribunal was right to find that an employee had not been dismissed because of having made a protected disclosure. There had been no qualifying or protected disclosure, but merely an opinion expressed about the employer's proposal for changes to a discretionary enhanced redundancy scheme.