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Driving in snow can be qualifying disclosure
In Norbrook Laborotaries (GB) Limited v Sure, the EAT has upheld a Tribunal decision that individual communications could together amount to a qualifying disclosure for the purposes of whistle blowing protection, even if individually they would not do so. Additionally the employee drawing the employer’s attention to a dangerous state of affairs was also capable of constituting a disclosure of information.
The manager had relayed concerns about employees driving in snowy conditions, expressed in 3 separate emails to two different recipients, and this was considered to sufficient to amount to a qualifying disclosure about health and safety. The individual was subsequently dismissed and he sought to rely on these emails as his qualifying disclosure. At a pre-hearing review that Tribunal agreed, so his claims could continue. The employer appealed; however the EAT agreed with the Employment Tribunal.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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