April 21, 2016

Protected disclosure and public interest

On appeal the EAT overturned the decision, commenting that a high threshold was required for whistleblowing claims to be struck out at a Preliminary Hearing. The EAT thought it was arguable that the employee’s complaints may have been made with a reasonable subjective belief that they were in the wider interest of employees generally and so could meet the public interest test as protected disclosures. The EAT considered that the questions of fact should be determined by hearing evidence and resolving factual disputes.

It will be interesting to see how the Court of Appeal deals with the public interest test in the Chesterton case later in the year.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

Share on:

Your Comments

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated. Please do not use a spammy keyword or a domain as your name or it will be deleted.