In Wilsons Solicitors LLP v Roberts, the Court of Appeal looked at the compensation that could be awarded for making a protected disclosure (also known as ‘whistleblowing’). In July 2014, the claimant, Mr Roberts, a Managing Partner at a solicitors firm, produced a report for the board relating to an allegation of bullying. Mr Roberts … Continued
Can a dismissal be automatically unfair for a protected disclosure, even when the dismissing officer did not have the disclosure in mind but was misled by a manager who was motivated by it? The Court of Appeal held not, in the recent case of Royal Mail Ltd v Jhuti. Ms Jhuti was a new employee … Continued
In International Petroleum Limited v Osipov, the Employment Appeal Tribunal unusually found that an individual was liable for losses flowing from dismissal. It is more usual for the employer to be held solely responsible for such compensation. This follows the 2013 amendment of section 47B of the Employment Rights Act 1996, which allows detriment claims … Continued
Can a disclosure by a whistleblower regarding a contractual right be in the public interest? Yes, according to the Court of Appeal in Chesterton Global Ltd v Nurmohamed. In 2013 a specific ‘public interest’ requirement was introduced into the whistleblowing provisions of the Employment Rights Act 1996. The new law only protected a disclosure if, … Continued
Does it make a difference to a whistleblowing claim if the employer does not believe the disclosure made by the employee was protected? As shown in the recent case of Beatt v Croydon Health Services NHS Trust, the Court of Appeal holds that an employer defending a protected disclosure automatic unfair dismissal claim cannot rely … Continued
Public Interest Disclosure is in the public interest if it is in the reasonable belief of the employee making it, says the Employment Appeal Tribunal in Chesterton Global Ltd v Nurmohamed.
As the National Health Service comes under the spotlight in another general election campaign, ministers have redoubled their efforts to tackle the NHS’s cover-up culture. Under new measures recommended by Sir Robert Francis, NHS senior management staff who have “consented or connived” in covering up poor standards of care could face fines or up to two years’ imprisonment.
Can an employee resign in response to the employer’s conduct and claim constructive unfair dismissal if they have committed gross misconduct or breached their contract of employment? The Employment Appeal Tribunal considered this point in Atkinson v Community Gateway Association, holding that the employee does not give up their right to resign just because they … Continued
Does the making of a protected disclosure (also known as ‘whistleblowing’) mean an employee is immune from dismissal? No, said the Employment Appeal Tribunal recently in AJ Panayiotou v (1) Chief Constable Paul Kernaghan (2) Police & Crime Commissioner for Hampshire, if the reason for the dismissal is not the protected disclosure itself but the … Continued
Sections of the care sector have been open to scrutiny in recent years, particularly by the press, for failures to identity and prevent malpractice within certain organisations and in turn, more whistleblowers are coming forward to report malpractice. Between March 2011 and June 2012, more than 4,300 whistleblowers came forward to complain about the treatment … Continued
In a decision affecting many professional partnerships, the Court of Appeal has decided that an equity member of a Limited Liability Partnership cannot be classed as a ‘worker’ and therefore cannot avail herself of the employment rights that attach to ‘worker’ status. The case before the Court of Appeal involved a solicitor who was a profit-sharing … Continued