Whistleblowing – the plot thickens

2 July 2024

In William v Lewisham and Greenwich NHS Trust [2024] EAT 58,  the EAT has agreed with the decision of the ET below not to uphold the Claimant’s whistleblowing detriment claim under section 47B of the Employment Rights Act 1996 in circumstances where the person making the detrimental decision was unaware of the protected disclosures and therefore couldn’t have been influenced by them (Malik v Cenkos Securities plc UKEAT/0100/17/RN applied).

Similarly, in Nicol v World Travel and Tourism [2024] EAT 42, the EAT found, in a whistleblowing dismissal claim under section 103A ERA 1996, the decision maker subjecting the employee to dismissal must have knowledge of the substance of the protected disclosure made by the employee if the claim is to succeed.

The only caveat to this would appear to be that in whistleblowing dismissal cases (but not whistleblowing detriment cases) the Supreme Court has previously held (in Royal Mail Group Ltd v Jhuti [2019] UKSC 55) that the malign knowledge / mindset of a more senior manager can be ascribed to the innocent dismissing officer.


Daniel Hobbs

Call 1998

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