McTigue v University Hospital Bristol NHS Foundation Trust  IRLR 742 EAT
Reports relating to this case:
- 31 December 2016
In McTigue v University Hospital Bristol NHS Foundation Trust  IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.
- 11 August 2016
The Employment Appeal Tribunal (EAT) has held that where the terms of an engagement have been substantially determined by both the employer agency and the end user, both are capable of being the individual's employer for the purposes of the whistleblowing legislation.