All items: Whistleblowing

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  Chesterton Global Ltd and another v Nurmohamed [2017] IRLR 837 CA (2 reports relating to this case)

  • Whistleblowing: Disclosure serving the interests of 100 managers was made "in the public interest"

    Date:

    31 December 2017

    In Chesterton Global Ltd and another v Nurmohamed [2017] IRLR 837 CA, the Court of Appeal held that an employment tribunal had made no error in law when it held that an employee's disclosure, which engaged the interests of 100 managers of a national estate agency, was made "in the public interest" and protected under the whistleblowing legislation.

  • Whistleblowing: Court of Appeal has held that disclosures affecting 100 senior managers were in the public interest

    Date:

    12 July 2017

    The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.

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  Chief Constable of West Yorkshire Police v B & C EAT/0306/15 (1 report relating to this case)

  • Case round-up

    Date:

    1 November 2016

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

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  Darnton v University of Surrey [2003] IRLR 133 EAT (2 reports relating to this case)

  • Whistleblowing update

    Date:

    18 August 2006

    Legislation protecting whistleblowers was introduced seven years ago. This article reviews the legislation and considers some of the substantial body of case law arising out of it. It also looks at the components of an effective whistleblowing policy.

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

    Date:

    20 June 2003

    In Darnton v University of Surrey, 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.

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  Day v Health Education England and others [2017] IRLR 623 CA (2 reports relating to this case)

  • Whistleblowing: Court of Appeal clarifies scope of whistleblowing protection

    Date:

    31 December 2017

    In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.

  • Court of Appeal overturns strike out of doctor's whistleblowing claim against Health Education England

    Date:

    11 May 2017

    The Court of Appeal has held that the employment tribunal incorrectly struck out the appellant's claim against Health Education England (HEE). The Court remitted the claim to a fresh tribunal to decide, as a preliminary issue, if the appellant was a worker in relation to HEE under the whistleblowing provisions of the Employment Rights Act 1996.

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  Day v Lewisham and Greenwich NHS Trust and another [2016] IRLR 415 EAT (1 report relating to this case)

  • Case round-up

    Date:

    1 May 2016

    David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.

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  Easwaran v St George's University of London EAT/0167/10 (1 report relating to this case)

  • Case round-up

    Date:

    1 November 2010

    Annabel Mackay, managing associate at Addleshaw Goddard, detail the latest rulings.

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  Fecitt and others and Public Concern at Work v NHS Manchester [2012] IRLR 64 CA (2 reports relating to this case)

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

    Date:

    22 May 2012

    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.

  • Whistleblowing victimisation: Court of Appeal sets out correct causation test

    Date:

    27 October 2011

    The Court of Appeal has held that the test where a worker is alleging a detriment for whistleblowing is to decide whether or not the protected disclosure has materially influenced (in the sense of being more than a trivial influence) the employer's treatment of the individual. 

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  Fecitt and others v NHS Manchester [2011] IRLR 111 EAT (3 reports relating to this case)

  • Whistleblowing: EAT equates whistleblowing detriment claims with discrimination claims for purpose of employer's burden of proof

    Date:

    25 October 2011

    In Fecitt and others v NHS Manchester [2011] IRLR 111 EAT, the EAT held that, where a worker has suffered a detriment following a protected disclosure, the employer must prove that its act or deliberate failure to act was “in no sense whatever” on the grounds that the employee had done the protected act.

  • Whistleblowing victimisation: EAT rules on correct causation test

    Date:

    21 April 2011

    The Employment Appeal Tribunal has held that, where an employee has made a protected disclosure and suffered a detriment, the employer must prove that the detriment was "in no sense whatsoever" on the ground of the protected disclosure.

  • Case of the week: Whistleblowing

    Date:

    19 January 2011

    This week's case of the week, provided by DLA Piper, covers whistleblowing.

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  Freeman v Ultra Green Group Ltd EAT/0239/11 (1 report relating to this case)

  • Case round-up

    Date:

    1 October 2011

    Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.

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  Garside v Darlington Primary Care Trust [2011] ET/2512351/09 (1 report relating to this case)

  • Whistleblowing: employment tribunal decisions

    Date:

    7 July 2011

    This article summarises the main issues and outcomes in five employment tribunal cases that involve whistleblowing.