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Guidance to Tribunals on whistle blowing
In Blackbay Ventures Limited t/a Chemistree v Gahir, the EAT has provided guidance to Employment Tribunals on dealing with whistle blowing cases. It states that, when dealing with a large number of disclosures, the Tribunal should identify each separate disclosure …
In Blackbay Ventures Limited t/a Chemistree v Gahir, the EAT has provided guidance to Employment Tribunals on dealing with whistle blowing cases. It states that, when dealing with a large number of disclosures, the Tribunal should identify each separate disclosure and the basis upon which it is said to be qualifying and protected. It must also identify each individual breach of a legal obligation where this is the case and should not simply lump together a number of complaints. Furthermore where a worker alleges they have suffered a detriment which is short of dismissal, the Tribunal must identify this detriment and the date on which it occurred, or the date on which there was an alleged failure to act. If there is no date of a deliberate failure to act directly, the failure to act will be deemed to take place when the period within which it might reasonably have been expected to have taken place has expired.
In this case the Tribunal had failed to determine when any deliberate failure to address the employee’s complaints occurred, if indeed this had happened at all. It also held that it was not reasonable for the employee to consider herself as being subjected to a detriment during the limited time period when the employer was addressing her complaints.
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