Search

How can we help?

Icon

Whistleblowing detriment: Personal liability for individual decision makers

In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal.

The claimant was dismissed by International Petroleum Limited (IPL) after making a number of protected disclosures on issues relating to poor corporate governance.  Two non-executive directors of IPL were found to have given specific advice/instructions to dismiss the claimant.

In addition to claims against the employer, the claimant successfully brought claims against the two directors personally on the basis that they too subjected him to detrimental treatment because of his protected disclosures (whistleblowing detriment).

Personal Liability

Changes to the law in 2013 extended the protection afforded to whistleblowers.  Prior to this date claims could only be made in relation to acts or omissions of the employer but, since 2013, an individual has had the right not to be subjected to any whistleblowing detriment by their employer, their colleagues or any agents of the employer. This case allowed the Court of Appeal to confirm that the 2013 amendment created a means of personal liability as well as a route to vicarious liability.

In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal.

Detriment vs Dismissal

The law states that a claim for whistleblowing detriment cannot be brought where the detriment amounts to a dismissal (within the meaning of Part X of the Employment Rights Act 1996).  Such claims should be pursued as automatic unfair dismissal claims instead.

The directors in this case argued that the detriment (namely giving the advice/instruction to dismiss) actually amounted to a dismissal and, as such, could not be pursued as a detriment claim.  The Court of Appeal agreed that the detriment amounted to a dismissal, however, it found that Part X was only concerned with claims against the employer and, as such, did not apply here where the claims were against individuals.  Therefore, the claims were not caught by the exclusion above and could be pursued as whistleblowing detriment claims.

This case will be welcomed by employees, especially those whose employers are insolvent (as was the case with IPL) and may see more decision makers being added to such claims.  Employers should ensure that they have a clear whistleblowing procedure and policy in place and provide guidance, particularly to those managing employees, on their obligations and best practice in this regard.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.

art
  • 28 April 2026
  • Immigration

Proposed expansion of right to work checks from 1 October 2026: what employers need to know

The Home Office has published a consultation on a draft Code of Practice addressing how employers can avoid unlawful discrimination while preventing illegal working. The draft indicates a planned expansion of right to work (RTW) check obligations to take effect from 1 October 2026.

Pub
  • 27 April 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q2 2026

Join Stuart Mullins and Emma Docking as they explore key corporate and commercial topics, including SME growth and exit strategies for 2026, EMI schemes for employee incentives, and the importance of drag along and tag along rights.

art
  • 22 April 2026
  • Commercial Real Estate

Historic rent reviews: A warning for tenants

We have been asked whether a landlord is able to operate historic rent reviews. 

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.