Westminster Drug Project v O’Sullivan: EAT 11 Mar 2014

EAT Victimisation Discrimination : Protected Disclosure – whether it was the grounds for a dismissal
The Claimant maintained that she was dismissed by the Appellant on the grounds that she had made a protected disclosure. At the hearing before the Employment Tribunal the Appellant maintained that the decision maker who dismissed her knew nothing at all about any protected disclosure. The ET rejected that evidence and found that her protected disclosure had a material influence on the decision to dismiss. On appeal the Appellant maintained that the ET in considering the reasons for the dismissal had ignored the distinction between the making of a protected disclosure and the manner in which it was made or conduct associated with it. Because of the way the Appellant had run the case before the ET that distinction was not relevant and it was too late to raise it on appeal.

Shanks J
[2014] UKEAT 0235 – 13 – 1103
Bailii
England and Wales

Employment

Updated: 01 December 2021; Ref: scu.522334