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Public interest disclosure: Strict test of causation in "whistleblowing" cases of victimisation

This report relates to 1 case(s)

Key points

  • In London Borough of Harrow v Knight [2003] IRLR 140, the EAT holds that employment tribunals must set out the stages of inquiry required by the statutory "protected disclosure" provisions, and consider them separately and in turn, before articulating the decision in an individual case.
  • In determining whether an employee has been subjected to a detriment "on the ground that" a protected disclosure has been made, the precise language of the statute should be closely adhered to.