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Chesterton Global Ltd v Nurmohamed UKEAT/0335/14; (2015) EMPLR 033
8 April 2015
Employment Appeal Tribunal (EAT)
Since 25 June 2013,
a disclosure is only a ‘protected disclosure’ under the
whistle-blowing legislation if the person making the disclosure reasonably
believes it is made in the public interest. This is to stop assertions of
personal claims, such as that the employer has breached an individual’s
contract, amounting to protected disclosures. A statement that an employer has
breached the rights of a group of employees may be protected if the group is
large enough to entitle the maker of the statement reasonably to believe it is
in the public interest.
N asserted that his employer had manipulated the
profit and loss figures for the office he worked in so as to reduce bonuses
owing to 100 senior managers. He was later dismissed. He complained to a
tribunal that he had been unfairly dismissed and subjected to a detriment
because he had made protected disclosures. The tribunal and EAT agreed that the
group of 100 employees was large enough to make the disclosure, in N’s
reasonable belief, ‘in the public interest’.