Protection of whistleblowers

ALM Medical Services Ltd v Bladon (CA TLR 29 August)

The jurisdiction of an employment tribunal to hear and determine an employee’s claim for unfair dismissal and for detriment depended on his establishing first, that he had made a protected disclosure and, second, that that was the reason or principal reason for his treatment. The critical issue was whether all the requirements of the protected disclosure provisions had been satisfied on the evidence. It was the duty of the tribunal to hear and consider all the relevant evidence from the employer and to allow the employer to challenge the employee’s evidence before reaching a decision on the issue of protected disclosure and on the reasons for the dismissal. The employment tribunal should hold a directions hearing to identify what evidence the parties intended to call so that it could satisfy itself that all the statutory requirements to protect such an employee had been satisfied.