The Respondent, a provider of hospitals with specialist treatment programmes for patients detained under the Mental Health Act, appealed against the Decision of the ET which upheld the Claimant employee’s claim of public interest disclosure detriment pursuant to section 47B Employment Rights Act 1996.
The appeal was on the grounds that the ET had:
(1) for the purpose of determining whether he had made qualifying disclosures within the meaning of section 43B(1), failed to consider whether the Claimant had a subjective belief that they (i) tended to show a breach of legal obligation (section 43B(1)(b)) and (ii) were made in the public interest; alternatively that there was no evidence to support any such conclusion;
(2) wrongly concluded that one of the alleged disclosures, an email dated 2 March 2016, contained ‘information’ within the meaning considered by the Court of Appeal in Kilraine v London Borough of Wandsworth [2018] IRLR 846;
(3) wrongly concluded that a subsequent email dated 9 June 2016 from the Respondent to the Claimant was ‘materially influenced’ by the Claimant’s email of 2 March 2016.
The appeal was dismissed on each ground.
Citations:
[2019] UKEAT 0116 – 18 – 1202
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.639211