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.
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.
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.
In this week's podcast, we predict the key cases for 2017. We explain why employment status in the gig economy will be a big talking point, and flag up a major equal pay case against a private-sector employer.
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.
Updated to include information on Morgan v Royal Mencap Society, an EAT decision on the definition of a protected disclosure.
Updated to include information on the Employment Act (Northern Ireland) 2016.
Consultant editor Darren Newman explains why the changes introduced in 2013 to the definition of a "protected disclosure" for whistleblowing purposes, meaning that the whistleblower must now have a reasonable belief that the disclosure is in the public interest, may turn out to be cosmetic only.
HR and legal information and guidance relating to automatically unfair dismissals for making protected disclosures.