The Employment Tribunal was entitled to dismiss the Appellant’s ‘protected disclosure’ claim on the basis that the Respondents’ decision to subject him to detriment in the form of dismissal was not materially influenced by his protected disclosures, but was influenced entirely by his behaviour following the disclosures, and specifically his decision to resign rather than to stay on to help the Respondents resolve their difficulties. The Employment Tribunal was entitled to find that this behaviour was separate and distinct from the protected disclosures themselves.
The Employment Tribunal did not misdirect itself or reach a perverse conclusion in deciding the scope of the waiver of privilege by the Respondents. The Tribunal was entitled to find that the Respondents had waived privilege on in relation to the issues of the reason for the Appellant’s dismissal, and the timing of the decision to dismiss the Appellant.
The leading authorities on waiver of privilege are considered in the judgment.
[2021] UKEAT 0092 – 20 – 1003
Bailii
England and Wales
Updated: 01 July 2021; Ref: scu.663122
