Search Results for: Employment Rights Act 1996 47B 103A

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El-Megrisi v Azad University (Ir) In Oxford: EAT 5 May 2009

EAT VICTIMISATION DISCRIMINATION: Whistleblowing Appellant raised concerns with employer about immigration status of staff and students, and other alleged irregularities – Dismissed shortly afterwards – Claim of ‘ordinary’ unfair dismissal but also of detriment and dismissal for making a protected disclosure contrary to ss 47B and 103A of the Employment Rights Act 1996. Held: (1) … Continue reading El-Megrisi v Azad University (Ir) In Oxford: EAT 5 May 2009

ALM Medical Services Limited v Bryan Bladon: CA 26 Jul 2002

The employee claimed that he had been unlawfully dismissed, and that his dismissal broke the protection given to whistleblowers under the Act. The employer appealed. Held: In such claims it was necessary first for the tribunal to establish whether it had jurisdiction, by testing whether a protected disclosure had taken place, and whether that had … Continue reading ALM Medical Services Limited v Bryan Bladon: CA 26 Jul 2002

Day v Health Education England and Others: CA 5 May 2017

This appeal concerns the proper construction of section 43K (whistleblowers) and the application of that section to a certain category of doctors operating in the health service. Held: The appeal succeeded. Judges: Gloster VP CA, Elias LJJ, Moylan J Citations: [2017] EWCA Civ 329, [2017] WLR(D) 307, [2017] ICR 917, [2017] IRLR 623 Links: Bailii, … Continue reading Day v Health Education England and Others: CA 5 May 2017

Twist DX Ltd and Others v Armes and Others (Whisleblowing, Protected Disclosures): EAT 23 Oct 2020

Appeal against refusal by the Employment Judge to strike out Dr Armes’ claims under sections 47B, 103A and 100(1)(c) Employment Rights Act 1996. The application to strike out was made on the basis that Dr Armes had no reasonable prospect of establishing that his pleaded disclosures were ‘qualifying disclosures’ within the meaning of section 43B(1), … Continue reading Twist DX Ltd and Others v Armes and Others (Whisleblowing, Protected Disclosures): EAT 23 Oct 2020

Lake v British Transport Police: CA 5 May 2007

The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim. Held: the paragraph … Continue reading Lake v British Transport Police: CA 5 May 2007

Vivian v Bournemouth Borough Council: EAT 4 Feb 2011

EAT UNFAIR DISMISSALAn act is on the ground that an employer has made a protected disclosure within the meaning of the Employment Rights Act 1996 section 47B if it is done by reason of such a disclosure or because the act was inherently for such a reason. Chief Constable of West Yorkshire Police v Khan … Continue reading Vivian v Bournemouth Borough Council: EAT 4 Feb 2011

Kuzel v Roche Products Ltd: CA 17 Apr 2008

The claimant had argued that she had been unfairly dismissed since her dismissal was founded in her making a protected disclosure. The ET had not accepted either her explanation or that of the employer. Held: The employee’s appeal failed, and the employer’s succeeded. It was wrong to draw parallels with prohibited grounds reasons and unfair … Continue reading Kuzel v Roche Products Ltd: CA 17 Apr 2008

Vivian v Bournemouth Borough Council: EAT 6 May 2011

EAT UNFAIR DISMISSALAn act is on the ground that an employer has made a protected disclosure within the meaning of the Employment Rights Act 1996 section 47B if it is done by reason of such a disclosure or because the act was inherently for such a reason. Chief Constable of West Yorkshire Police v Khan … Continue reading Vivian v Bournemouth Borough Council: EAT 6 May 2011

Mid Essex Hospital Services NHS Trust v Smith: EAT 5 Mar 2018

UNFAIR DISMISSAL – Automatically unfair reasons VICTIMISATION DISCRIMINATION – Protected disclosure Unfair dismissal – automatically unfair reason for dismissal (protected disclosure) – section 103A Employment Rights Act 1996 Detriment – protected disclosure- section 47B Employment Rights Act 1996 The Claimant was employed by the Respondent as an Anaesthetics Nurse. He was also a steward for … Continue reading Mid Essex Hospital Services NHS Trust v Smith: EAT 5 Mar 2018

Eiger Securities Llp v Korshunova: EAT 2 Dec 2016

EAT (Victimisation Discrimination : Protected Disclosure) VICTIMISATION DISCRIMINATION – Detriment VICTIMISATION DISCRIMINATION – Dismissal The Employment Tribunal erred in failing to identify any legal obligation, as opposed to guidance, of which the Claimant believed the Respondent to be in breach. Accordingly the finding that the Claimant had made a qualifying disclosure within the meaning of … Continue reading Eiger Securities Llp v Korshunova: EAT 2 Dec 2016