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Public interest disclosure: Date of dismissal determines applicability of whistleblowing provisions

This report relates to 1 case(s)

An employment tribunal had jurisdiction to consider a complaint by an employee that he had been unfairly dismissed for making a "protected disclosure" about his employer to the Inland Revenue, notwithstanding that the relevant disclosure was made in 1993, six years before the provisions of Public Interest Disclosure Act 1998 came into force, holds the EAT in Miklaszewicz v Stolt Offshore Ltd 2.5.01 (S)EAT 1385/00. The crucial fact in this case was that the dismissal took place after the Act came into force, and the prior disclosure acquired the status of a "protected disclosure" when it became relevant to that dismissal.