EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010

EAT JURISDICTIONAL POINTS VICTIMISATION DISCRIMINATION: Protected disclosure The central question in this appeal was whether an employee/worker who complained of suffering a detriment from his current employer on the ground that he had made a protected disclosure could claim where that disclosure had been made not whilst employed by his current employer but whilst employed … Continue reading BP Plc v Elstone and Another: EAT 31 Mar 2010

EAT A employed R as a support worker. R made a number of protected disclosures relating to a fellow worker’s conduct towards a client. The ET held various detriments were suffered by R on the ground of the disclosures. On appeal A asserted (1) the ET did not give adequate reasons, (2) the findings were … Continue reading Cumbria County Council v Carlisle-Morgan: EAT 29 Jan 2007

The claimant said that his dismissal was automatically unfair on the basis that he had made a qualifying disclosure. Held: ‘the worker’s reasonable belief in s.43B(1) relates to the information which he is disclosing and not to the existence of a legal obligation which does not actually exist. In other words if the employers are … Continue reading Kraus v Penna Plc and Another: EAT 20 Nov 2003