Employer Loses Appeal Over Whistleblowing Dismissal Case
An employer's appeal against a finding of automatically unfair dismissal for whistleblowing has been dismissed by the Employment Appeal Tribunal.
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Whistleblower Protection Upheld as Appeal Fails
The Employment Appeal Tribunal (EAT) has upheld a previous ruling that a care company unfairly dismissed an employee for making protected disclosures. The Laurels Family Assessment Limited appealed a decision by an employment tribunal, which, by a majority, found that Miss M Kay was automatically unfairly dismissed for whistleblowing. The employer's appeal has now been dismissed.
The case centred on whether Miss Kay's disclosures regarding a colleague's alleged drug use and inappropriate lifestyle constituted protected disclosures. She claimed to have made these disclosures on two occasions, first to a deputy manager, Hazel Wilkinson, in August 2022, and subsequently to an independent visitor, AC, in September 2022. The dismissal occurred on the same day as her meeting with AC.
The employment tribunal had found that Miss Kay's disclosures were indeed protected. They concluded that she reasonably believed the information she provided tended to show that the health or safety of an individual was endangered. The majority of the tribunal found that the reason for Miss Kay's dismissal was her protected disclosures, rather than the reasons cited by the employer, such as incorrect medication recording or leaving the premises without authorisation.
In dismissing the appeal, His Honour Judge Auerbach stated that the original tribunal's conclusions were not perverse, nor was their reasoning flawed or insufficiently explained. The EAT found that there was sufficient evidence to support the tribunal's findings of fact. The employer's arguments regarding perversity and misdirection were carefully considered and ultimately rejected.
Furthermore, the tribunal had also unanimously found that the company failed to provide a written statement of employment particulars, a decision not challenged on appeal. The appeal also touched upon the handling of Miss Kay's subsequent appeal against her dismissal, which the majority found to be detrimental treatment linked to her protected disclosures.
This ruling underscores the importance of robust procedures for handling whistleblowing concerns and reinforces protections for employees who raise legitimate issues regarding workplace safety and conduct. The company's appeal was dismissed in its entirety.
Read the entire judgment here: The Laurels Family Assessment Ltd v Miss M Kay EAT 39
