Whistleblowing: Protected disclosure can be made up of several communications taken together

In Norbrook Laboratories (GB) Ltd v Shaw EAT/0150/13, the EAT held that a worker had made a protected disclosure within the meaning of s.43B(1) of the Employment Rights Act 1996, by warning of the danger of sales representatives being required to drive in heavy snow. This was a disclosure of information tending to show a risk to health and safety and went beyond a mere assertion or expression of opinion. The fact that the disclosure was made through three separate emails to two different people did not alter the fact that a protected disclosure had been made.