Updated to take into account a change relating to whether or not a disclosure is in the public interest.
Updated to include information on the Court of Appeal decision in Chesterton Global Ltd and another v Nurmohamed on the definition of "in the public interest".
Updated to include information on O’Brien v Ministry of Justice, in which the Supreme Court referred to the European Court of Justice the question of the retrospective application of the Part-time Workers Directive and pension calculation.
Updated to include information on Walker v Innospec Ltd and others, in which the Supreme Court considered entitlement to pension benefits for same-sex partners.
The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.
Updated to include information on Chesterton Global Ltd & another v Nurmohamed, in which the Court of Appeal ruled on the public interest test for a protected disclosure.
Updated to include information on Tees Esk & Wear Valleys NHS Foundation Trust v Harland and others, in which the EAT considered how to determine the "principal purpose" in relation to a service provision change.
Cases on appeal provides news on key case law developments that are expected.
The Court of Appeal has held that, where the reason or principal reason for a dismissal is because the employee made a disclosure, the question of whether or not that disclosure is protected falls to be determined objectively by the tribunal, and not the employer.
HR and legal information and guidance relating to automatically unfair dismissals.