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

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.

art
  • 06 May 2026
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

If you have employees who bring their own devices into the workplace and use said devices to deal with company data, you may want to consider a Bring Your Own Device (“BYOD”) policy.

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.