Employment law cases

Day v Health Education England and others [2017] IRLR 623 CA

Reports relating to this case:

  • Whistleblowing: Court of Appeal clarifies scope of whistleblowing protection

    Date:
    31 December 2017

    In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.

  • Court of Appeal overturns strike out of doctor's whistleblowing claim against Health Education England

    Date:
    11 May 2017

    The Court of Appeal has held that the employment tribunal incorrectly struck out the appellant's claim against Health Education England (HEE). The Court remitted the claim to a fresh tribunal to decide, as a preliminary issue, if the appellant was a worker in relation to HEE under the whistleblowing provisions of the Employment Rights Act 1996.