WHISTLEBLOWING

Protected disclosures

Detriment

Case Fitzmaurice v Luton Irish Forum EA-2020-000295-RN

Facts In 2014, 2016 and 2017 F raised a number of concerns about health and safety issues. It was accepted that these were protected disclosures. In 2017, during the course of a grievance hearing, F raised concerns about her employer’s use of funds. The employer instituted disciplinary proceedings. F claimed that these proceedings had been brought because of her disclosures. Further, this amounted to a fundamental breach of contract. She had resigned in response to this breach and had therefore been constructively dismissed. The ET dismissed the claim on the basis that there had been no connection between the protected disclosures and the dismissal. F appealed to the EAT.

Decision 1. The appeal was allowed.

2. The ET had failed to properly analyse whether the making of the protected disclosures was properly severable from ancillary matters.