EAT Victimisation Discrimination : Protected Disclosure – Detriments on the grounds of a protected disclosure:
(1) What has to be shown such as to amount to a disclosure of ‘information’ (s.43(B)(1) ERA 1996) and ‘any legal obligation’ (s.43(B)(1)(b) ERA); Cavendish Munro Professional Risk Management Limited v Geduld [2010] ICR 325, EAT and Fincham v HM Prison Service EAT/0925/01 and EAT/0991/01 applied.
(2) The approach to be adopted to determining whether a detriment is ‘on the grounds of’ a protected disclosure: whether the disclosure ‘materially influenced the decision or action in question, per Elias LJ in NHS Manchester v Fecitt and ors [2012] IRLR 64, at para. 45.
Employment Tribunal’s departure from the agreed list of issues; whether re-casting an issue and adding a further detriment to the list required the ET to permit the parties to make further representations.
Eady QC J
[2014] UKEAT 0135 – 13 – 2102
Bailii
England and Wales
Employment
Updated: 30 November 2021; Ref: scu.521654