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Whistleblowing: Correct test for determining if whistleblower subjected to detriment on the ground that he or she made a protected disclosure

This report relates to 1 case(s)

In Fecitt and others and Public Concern at Work v NHS Manchester [2012] IRLR 64 CA, the Court of Appeal upheld an employment tribunal’s decision that the employees’ protected disclosures did not materially influence their employer’s treatment of them and that therefore the employer had not breached the whistleblowing legislation. It also held that the employer was not vicariously liable for the bullying of the whistleblowers carried out by some of their fellow employees.