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Employment Law

Legal guidance - compliance - software

09 OCT 2014

Panayiotou v Chief Constable of Hampshire UKEAT/0436/13; [2014] IRLR 500; (2014) EMPLR 050

Edward  Benson

Partner

16 April 2014

Employment Appeal Tribunal (EAT)

Lewis J

Dismissal because of the manner in which an employee pursues whistle-blowing complaints (‘protected disclosures’), rather than the fact that the complaints were made, can be fair.

P made various whistle-blowing complaints most of which were upheld. Thereafter, he continued to pursue the matter as he was not satisfied with the action taken. He did not accept any answer other than the answer he sought and would not let any matter drop if he did not get the result he wanted. This behaviour went on for years. He became unmanageable. He was dismissed.

A tribunal, upheld by the EAT, found his dismissal fair. The reason for the dismissal was not the ‘protected disclosures’ but the way he had pursued his complaints.

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