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Whistleblowing update

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Bolton School v Evans [2006] IRLR 500 EAT (0 other reports)
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Darnton v University of Surrey [2003] IRLR 133 EAT (0 other reports)
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Kraus v Penna plc and another [2004] IRLR 260 EAT (0 other reports)
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London Borough of Harrow v Knight [2003] IRLR 140 EAT (0 other reports)
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Lucas v Chichester Diocesan Housing Association Ltd [2005] All ER (D) 92 (Feb) EAT (0 other reports)
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Street v Derbyshire Unemployed Workers' Centre [2004] IRLR 687 CA (1 other report)
- Public interest disclosure: Meaning of "good faith" in whistleblowing provisions
  
  Date:
  
  3 September 2004
  
  In Street v Derbyshire Unemployed Workers' Centre, the Court of Appeal holds that an employment tribunal had been correct to find that an employee's "whistleblowing" disclosure was not made in good faith because, although she believed her allegations to be true and did not make the disclosure for personal gain, her motivation for making it was personal antagonism towards the subject of the disclosure.
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Virgo Fidelis Senior School v Boyle [2004] IRLR 268 EAT (1 other report)
- Virgo Fidelis School v Boyle
  
  Date:
  
  1 April 2004
  
  In Virgo Fidelis School v Boyle [2004] IRLR 268 EAT, the Employment Appeal Tribunal held that awards of compensation for injury to feelings in whistleblowing cases should be based on the guidelines set out by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 for race and sex discrimination cases.
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Woodward v Abbey National plc [2006] IRLR 677 CA (1 other report)
- Public interest disclosures: Subjecting whistleblower to post-termination detriment may give rise to liability
  
  Date:
  
  18 August 2006
  
  In Woodward v Abbey National plc [2006] EWCA Civ 822 CA, the Court of Appeal held that statutory protection against being subjected to detriment for making a protected disclosure is not limited to the duration of the employment contract but extends to cover detriment imposed by an employer on its former employee.

Legislation protecting whistleblowers was introduced seven years ago. This article reviews the legislation and considers some of the substantial body of case law arising out of it. It also looks at the components of an effective whistleblowing policy.

Key Points

The whistleblowing legislation protection extends to nearly all categories of worker apart from the genuinely self-employed.
To attract protection, a disclosure must satisfy strict requirements, including that it must be made to a particular person or category of persons.
A disclosure will not be made "in good faith" if an ulterior motive was the predominant purpose for making it.
There is no ceiling on the level of compensation for unfair dismissal in whistleblowing cases and no minimum period of continuous employment required to bring a claim.
Compensation for injury to feelings in whistleblowing cases should be calculated in the same way as an award in respect of discrimination.
Protection from suffering detriment for having made a protected disclosure extends to former employees.

Employment law cases

Whistleblowing update

Public interest disclosure: Meaning of "good faith" in whistleblowing provisions

Virgo Fidelis School v Boyle

Public interest disclosures: Subjecting whistleblower to post-termination detriment may give rise to liability

Key Points

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