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Employment Law

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26 MAY 2015

Chesterton Global Ltd v Nurmohamed UKEAT/0335/14; (2015) EMPLR 033

Chesterton Global Ltd v Nurmohamed UKEAT/0335/14; (2015) EMPLR 033
8 April 2015

Employment Appeal Tribunal (EAT)

Supperstone J

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’.
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