Whistleblowing/Public interest disclosures
In Morgan v Royal Mencap Society, the Employment Appeal Tribunal (EAT) held that an employment tribunal was wrong to strike out a whistleblowing claim on the basis that an employee's complaint about cramped working conditions was not "in the public interest". Naomi Clarkson explains this recent employment case.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.
Krishna Santra and Sandra Martins are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that the requirement for a whistleblower to have a reasonable belief that the disclosure was made in the public interest could be satisfied where the disclosure relates to a relatively small number of workers.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In Bates Van Winkelhof v Clyde & Co LLP and another [2014] IRLR 641 SC, the Supreme Court held that a solicitor who was a member of an LLP was a "worker" within the meaning of the Employment Rights Act 1996 and could therefore pursue a whistleblowing claim in the employment tribunal.
An employment tribunal has struck out whistleblowing claims brought by an individual who argued that he made a protected disclosure when he complained that his line manager had been rude to a colleague. The claimant did not reasonably believe that he was making the disclosure "in the public interest".
The Employment Appeal Tribunal (EAT) has held that allegations about accounting malpractices that affected the bonuses and commission of 100 senior managers were made in the reasonable belief that they were in the public interest.
In DLA Piper's latest case report, the Employment Appeal Tribunal held that a police officer who made protected disclosures was dismissed after taking matters into his own hands and becoming difficult to manage because he was not satisfied with the action taken following the concerns that he had raised, and that he was not dismissed for blowing the whistle.
Employment law cases: HR and legal information and guidance relating to whistleblowing/Public interest disclosures.