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26 May 2016 0 Comments
Posted in Employment, Opinion

Information versus allegation in whistleblowing

Posted by , Partner

In Kilraine v London Borough of Wandsworth the EAT had to decide whether the distinction between “information” and “an allegation” could remain good law in the whistleblowing legislation. The EAT determined that it could not.

The Claimant, who was an education achievement project manager with the Respondent, complained that the borough was failing in its legal obligations to deal with bullying and harassment and that she had not been supported by her line manager when she raised a safeguarding issue in relation to a school. The Tribunal found that these were allegations and not disclosures of information, in accordance with the case of Kavendish Monroe v Geldud. The EAT, while agreeing on the facts of the case, disagreed with this as a general principle of law, saying that the distinction between “allegation” and “information” was a false dichotomy and that frequently something could be both.

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