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Public interest disclosure: "Whistleblowing" allegations need not objectively be factually accurate

This report relates to 1 case(s)

Key points

  • In Darnton v University of Surrey [2003] IRLR 133, the EAT holds that for there to be a "qualifying disclosure" within the meaning of the statutory "protected disclosure" provisions, it must have been reasonable for the worker to believe that the factual basis of what was disclosed is true, and that it tends to show a relevant failure, even if the worker was wrong, but reasonably mistaken.
  • While determination of the factual accuracy of the allegations made may be an important or useful tool in establishing whether the worker's belief is reasonable, reasonable belief must be based on facts as understood by the worker, not as actually found to be the case.