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Public interest disclosure: Compensation for whistleblower's detriment to date of dismissal

This report relates to 1 case(s)

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    Melia v Magna Kansei Ltd [2006] IRLR 117 CA (0 other reports)

In Melia v Magna Kansei Ltd [2006] IRLR 117, the Court of Appeal holds that an employee who was subjected to a detriment for making a protected disclosure, and who subsequently resigned in circumstances amounting to constructive dismissal, was entitled to compensation for the detriment up to the point of the dismissal. That point was his date of resignation without notice, not an earlier point at which his employer's conduct became so serious as to amount to a repudiatory breach of contract. An employment tribunal is entitled to award a premium of 2.5% per annum in recognition of decelerated interest when assessing compensation for loss of past earnings, notwithstanding that statute does not allow for payment of interest.