In McTigue v University Hospital Bristol NHS Foundation Trust [2016] IRLR 742 EAT, the EAT held that, in order for a claimant to be a "worker" within the meaning of the extended "whistleblower" definition in s.43K of the Employment Rights Act 1996, all that is required is that the end user substantially determined the terms under which the claimant carried out his or her work. It is not necessary to show that the end user determined those terms to any greater or lesser degree than the agency, of whom the claimant might also be an employee or worker.
In Risby v London Borough of Waltham Forest EAT/0318/15, the EAT affirmed that a finding of unfavourable treatment because of "something arising in consequence of" a claimant's disability can be made where there is no direct connection between the disability and the conduct leading to that treatment.
In this unusual case, an employment tribunal struck out four claimants' cases and ordered them to pay £17,371 each in costs after the respondent NHS trust's chief executive and lawyers were sent a covert recording of the trust receiving legal advice.