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 by a previous employer. It was held that the wording of the statute appeared to permit such a claim, supported by a purposive approach seeking to ensure proper protection for the employee, and there was no sufficient contrary implication to construe the statute otherwise.
Judges:
Langstaff J
Citations:
[2010] UKEAT 0141 – 09 – 3103, [2010] IRLR 558, [2010] ICR 879
Links:
Statutes:
Employment Rights Act 1996 47B
Jurisdiction:
England and Wales
Citing:
Cited – Hibbins v Hesters Way Neighbourhood Project EAT 7-Oct-2008
EAT VICTIMISATION DISCRIMINATION: Whistleblowing
The issue raised on this appeal was whether the whistle blowing provisions contained in section 43A to section 43M of the Employment Rights Act by the Public . .
Cited by:
Cited – AB v Ulster Bank NIIT 10-Dec-2013
The decision of the tribunal is that the claimant was subjected to detriment on grounds of having made protected disclosures. The claimant is awarded total compensation in the sum of pounds 28,792.82 . .
Cited – Smania v Standard Chartered Bank EAT 5-Dec-2014
EAT Unfair Dismissal – HUMAN RIGHTS – WORKING OUTSIDE THE JURISDICTION – An employee of a bank made allegations of financial malpractice, and was dismissed. He was Italian, and both lived and worked in Singapore. . .
Cited – Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination) EAT 16-Nov-2015
VICTIMISATION DISCRIMINATION
VICTIMISATION DISCRIMINATION – Protected disclosure
SEX DISCRIMINATION – Post employment
TRANSFER OF UNDERTAKINGS
The Claimant left the service of Greater Manchester Police Authority (‘GMPA’), . .
Cited – Day v Lewisham and Greenwich NHS Trust and Another EAT 9-Mar-2016
EAT (Victimisation Discrimination: Protected Disclosure) A Specialist Registrar in Medical Training worked under a contract of employment with Lewisham NHS Trust. He made disclosures about patient safety, and . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 17 August 2022; Ref: scu.408513