VICTIMISATION DISCRIMINATION – Whistleblowing
VICTIMISATION DISCRIMINATION – Dismissal
UNFAIR DISMISSAL – Constructive dismissal
The Employment Tribunal erred in their approach to whether admitted detriments were done on the grounds of admitted protected disclosures within the meaning of section 47B of the Employment Rights Act 1996. They failed to apply the approach explained in Fecitt v NHS Manchester [2012] IRLR 64 of deciding whether the protected disclosure materially influenced the related detriment. Further the Employment Tribunal erred in adopting a ‘rolled up’ approach to the disclosures and failed to make findings of fact in relation to each. They failed to adopt a structured approach to deciding the claims as recommended in Blackbay Ventures Ltd v Gahir [2014] IRLR 416. They did not relate each disclosure by date and content to each detriment by date and content. Further they erred in observing that no comparators had been advanced when none were needed. These errors also affected their decisions to dismiss the constructive and automatically unfair dismissal claims. Claims remitted to a differently constituted Employment Tribunal.
Judges:
Slade DBE J
Citations:
[2018] UKEAT 0178 – 16 – 0803
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 April 2022; Ref: scu.608290
