Whistleblowing

A disclosure of ‘information’ may be an allegation as well

To be protected by the whistleblowing provisions in the Employment Rights Act 1996 there must be a disclosure of ‘information’ - but that disclosure may also include allegations.
Kilraine v London Borough of Wandsworth
 

Dispute over contractual terms can satisfy ‘public interest’ test

An employee may be able to benefit from whistleblowing protection if his or her complaint relates to a contractual matter affecting a group of employees.
Underwood v Wincanton plc
 

Whistleblowing ‘in the public interest’

The test of whether a whistleblowing disclosure is ‘in the public interest’ is one of belief not of fact - in that a disclosure need not actually be in the public interest as long as the whistleblower reasonably believes it is.
Chesterton Global Ltd v Nurmohamed
 

Wide scope of the extended definition of ‘worker’

A consultant providing services on a construction project was a ‘worker’ for the purposes of bringing a whistleblowing claim even though he had no contractual relationship with either the end-user or the agency which supplied his services. 
Keppel Seghers UK Ltd v Hinds
 

LLP partner entitled to whistleblowing protection

Partners in a limited liability partnership (LLP) are ‘workers’ and thus are entitled to the legal protections associated with such status, among them protection against whistleblowing detriments.
Clyde & Co v Bates van Winkelhof
 

Persistent whistleblowing complaints and dismissal

Treatment which originates from, but which is entirely separate to, a protected disclosure may fall outside of the law on whistleblowing. An employer successfully separated out the fact of a protected disclosure from the manner in which the whistleblower actually pursued his complaints to avoid a finding of automatically unfair dismissal.
Panayiotou v Kernaghan
 
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