EAT Victimisation Discrimination: Whistleblowing – An LLP member who is a worker and protected by the whistleblowing provisions in the ERA can claim compensation for post-termination financial losses even if lawfully expelled as a member, provided that he demonstrates that such losses are attributable to the earlier unlawful detrimental treatment. This is a question of fact and judgment to be assessed and determined by the Employment Tribunal on the evidence. The Employment Tribunal was not entitled to strike out this claim for compensation without hearing evidence, or making any findings of fact, and accordingly the appeal was allowed.
Simler DBE P J
[2016] UKEAT 0339 – 15 – 2104
Bailii
England and Wales
Employment
Updated: 09 November 2021; Ref: scu.562552