The Court of Appeal has held that a claimant cannot succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss.
Updated to include information on NHS 24 v Pillar, in which the EAT considered the extent of information that can be included in a disciplinary investigation report.
David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.
In Morgan v Royal Mencap Society, the Employment Appeal Tribunal (EAT) held that an employment tribunal was wrong to strike out a whistleblowing claim on the basis that an employee's complaint about cramped working conditions was not "in the public interest". Naomi Clarkson explains this recent employment case.
In Underwood v Wincanton plc EAT/0163/15, the EAT held that an employment tribunal had erred in striking out a whistleblowing claim on the basis that the alleged disclosure could not in law satisfy the requirement of being in the "public interest".
In DLA Piper's latest case report, the Court of Appeal considered the familiar question of when an employment tribunal can find an employer's misconduct dismissal to be unfair, and in what circumstances that finding can be successfully challenged on appeal.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In Chesterton Global Ltd (t/a Chestertons) and another v Nurmohamed  IRLR 614 EAT, the EAT held that an employment tribunal had not erred in concluding that a disclosure was "in the public interest" when it concerned matters potentially affecting the operation of the commission scheme of more than 100 managers, including the claimant.
An employment tribunal has struck out whistleblowing claims brought by an individual who argued that he made a protected disclosure when he complained that his line manager had been rude to a colleague. The claimant did not reasonably believe that he was making the disclosure "in the public interest".
HR and legal information and guidance relating to automatically unfair dismissal.