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#Whistleblowers
In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures.

“Nuisance” nurse wins whistleblowing claim

19

Dec

2019

“Nuisance” nurse wins whistleblowing claim

In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures.
#Whistleblowers
The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure.

Landmark Supreme Court judgment extending whistleblowing protection

28

Nov

2019

Landmark Supreme Court judgment extending whistleblowing protection

The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure.
#Whistleblowers
The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections.

Judges entitled to whistleblower protection

18

Oct

2019

Judges entitled to whistleblower protection

The Supreme Court has ruled on the Gilham v Ministry of Justice case and held that while judges could not be classed as workers, it would be a violation of their human rights to exclude them from whistleblowing protections.
#Whistleblowers
In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal. The claimant was dismissed by International Petroleum Limited (IPL) after making a number of protected disclosures on issues relating to poor corporate governance.

Whistleblowing detriment: Personal liability for individual decision makers

26

Oct

2018

Whistleblowing detriment: Personal liability for individual decision makers

In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal. The claimant was dismissed by International Petroleum Limited (IPL) after making a number of protected disclosures on issues relating to poor corporate governance.
#Whistleblowers
In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996.

Whistleblowing: When is a Disclosure Protected?

26

Jun

2018

Whistleblowing: When is a Disclosure Protected?

In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996.
#Whistleblowers
The Claimant in the case of Wilson Solicitors LLP and others v Roberts was a solicitor and member of the LLP. He was also Managing Partner and held several compliance roles. A complaint of bullying was made against one of the Senior Partners and the Claimant was appointed to investigate it.

Whistleblowing: can a worker claim post-termination losses caused by pre-termination detriments?

9

Feb

2018

Whistleblowing: can a worker claim post-termination losses caused by pre-termination detriments?

The Claimant in the case of Wilson Solicitors LLP and others v Roberts was a solicitor and member of the LLP. He was also Managing Partner and held several compliance roles. A complaint of bullying was made against one of the Senior Partners and the Claimant was appointed to investigate it.
#Whistleblowers
In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure.

Personal motivation required for whistleblowing detriment

1

Feb

2018

Personal motivation required for whistleblowing detriment

In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure.
#Whistleblowers
In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo.

Whistleblowing claim against co-workers knows no boundaries

25

Jan

2018

Whistleblowing claim against co-workers knows no boundaries

In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo.
#Whistleblowers
We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal.

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim

3

Nov

2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal.
#Whistleblowers
The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for.

Whistleblowing – Court of Appeal considers ‘public interest’ test

20

Jul

2017

Whistleblowing – Court of Appeal considers ‘public interest’ test

The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for.
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