The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
In Goode v Marks & Spencer plc EAT/0442/09, the EAT held that an employment tribunal was right to find that an employee had not been dismissed because of having made a protected disclosure. There had been no qualifying or protected disclosure, but merely an opinion expressed about the employer's proposal for changes to a discretionary enhanced redundancy scheme.
In BP plc v Elstone and another EAT/0141/09, the EAT held that a worker was entitled to bring a complaint under the whistleblowing provisions of the Employment Rights Act 1996 in respect of a detriment that he allegedly suffered in his current employment because of a protected disclosure that he had made while in previous employment.