EAT Practice and Procedure: No case to Answer and Public Interest Disclosure:
The Employment Tribunal erred in acceding to a half-time submission of no case made in a whistle-blowing claim. Whistle-blowing is a form of discrimination claim (see Lucas v Chichester UKEAT/0713/04) and it should normally be heard in full: Logan v The Commissioners of Customs and Excise  IRLR 63 (CA). The question under Employment Rights Act 1996 s43B of the likelihood of the employer not responding to the Claimant’s allegation of wrongdoing and stopping uncertified electrical equipment being used did not depend solely on the Claimant’s appreciation. The Employment Tribunal should have considered, by examining evidence from the Respondent, what its response was likely to be. Case remitted to same Employment Tribunal to continue the hearing. andpound;10K costs order set aside.
McMullen QC J
 UKEAT 0023 – 06 – 0305, UKEAT/0023/06
Updated: 06 July 2022; Ref: scu.242589