Does it matter if the employer believes disclosures weren’t protected even though the principal reason for dismissal was the disclosures?.

Welcome back to your weekly update. We can’t bring you another bank holiday weekend (yet!) but we can deliver an interesting case on whistleblowing. It is worth noting at this point that the Employment Rights Act 1996 (s103A) protects an employee from being dismissed for making a protected disclosure. The facts of the case: The [...]

Royal Mail Group Ltd v Jhutti – Can an employee be fairly dismissed based on false evidence?

Hello and welcome back to your weekly dose of case law. Last weekwe looked at maternity discrimination and constructive dismissal. This week we will examine protected disclosures and whistleblowing. Today’s case is a tale riddled with deceit and espionage. This week’s case asks: Is an employee unfairly dismissed if the dismissing party based its decision on false [...]

Morgan v Royal Mencap Society – Can a disclosure that only affects one employee be in the public interest?

Ms Morgan, the Claimant, was employed by the Royal Mencap Society, the Respondent. The Claimant had suffered serious knee and back injuries outside of work. The Claimant raised several complaints regarding cramped working conditions which were aggravating her injury. The Claimant resigned after these complaints were not addressed stating she had suffered detriment as a [...]

Whistleblowing – UN failing to protect staff who make disclosures

Whistleblowing, putting your head above parapet in order to highlight issues for the benefit of the public. Where would you think these people would feel most comfortable about making a disclosure? A, the BBC. B, Poundland. C, the United Nations? If you picked C then you are wrong. It has come to light that staff [...]

Salisbury NHS Foundation Trust v Wyeth – The difference between unfair and automatically unfair dismissal

  Good afternoon, today’s case is quite an interesting case concerning whistleblowing, bullying and the fine line between fair dismissal and automatic unfair dismissal. There is no question as such today but that doesn’t mean there aren’t interesting points that can be taken away. Mr Wyeth, the Claimant, worked for Salisbury NHS Foundation Trust, the [...]

Schaathun V Executive & Business Aviation Support Ltd

Good afternoon, we hope today’s case will pass the time on a sunny Friday afternoon. This weeks’ case is rather juicy and concerns protected disclosures, office romances gone sour, driving planes whilst drunk and just in case that isn’t enough drama there is also a bit of embezzlement involved (cue dramatic music). The question this [...]

Nurmohamed v Chesterton Global Ltd

  Welcome back, after a blustery start to the week we thought it appropriate that this week’s case is about whistleblowing. This case could be summarised by the words of fictional detective Father Brown, “one can sometimes do good by being the right person in the wrong place” - Bonus points if you spot the [...]