Search

How can we help?

Icon

Whistle-blowing – ‘Allegation’ and ‘Information’ are not alternative concepts and suspension was an ongoing detriment

The recent case of Kilraine v London Borough of Wandsworth has demonstrated that when assessing if there has been a disclosure of information, for whistle-blowing purposes, ‘information’ and ‘allegations’ are often intertwined and Tribunals should not fall into the trap of treating disclosures as either one or the other. Further, suspending an employee will constitute a continuing detriment and not just one that takes place at the point of suspension.

For a disclosure to attract whistle-blowing protection it must involve a ‘disclosure of information’ which means that it must convey facts.  In light of this, mere allegations (such as ‘you are not complying with health and safety allegations’) will not amount to a disclosure of information.

In this particular case the Claimant made four disclosures, following which she was suspended pending a disciplinary investigation into whether she had raised unfounded allegations against her colleagues. During the Claimant’s period of suspension she was made redundant. The Claimant believed that her suspension and dismissal were on the grounds of her making protected disclosures and claimed unlawful detriment and unfair dismissal in the Employment Tribunal (“ET”). Her claims were dismissed, by both the ET and, later, the Employment Appeal Tribunal (“EAT”).  However, one of the disclosures prompted different views on the relationship between ‘allegations’ and ‘information’.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

For a disclosure to attract whistle-blowing protection it must involve a ‘disclosure of information’ which means that it must convey facts

The disclosure in question was an email the Claimant had sent to HR stating that, at a meeting on 16th June 2010, her line manager had failed to support her when she had raised a safeguarding issue.  The ET held that this was allegation as oppose to a disclosure of information.  However, the EAT was of the view that whilst the email did seem to make an allegation, it also gave information about what had happened during the meeting.  The EAT warned Tribunals against trying to fit a disclosure into either an ‘allegation’ or ‘information’ when in reality a disclosure may be both.

Also of note in this case, was the decision of the EAT that the Claimant’s suspension was a continuing act and thus amounted to an ongoing detriment.

This case provides useful clarification that whilst allegations alone cannot amount to a ‘disclosure of information’ they may, in reality, also contain information capable of meeting this test.  However, the case also demonstrates the complexities inherent in assessing if a disclosure is protected, with the Tribunals themselves holding different views!

About this article

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.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 18 September 2024
  • Immigration

What is an e-Visa?

E-Visas are a crucial part of the UK’s plan to create a fully digital border and immigration system by 2025.

art
  • 17 September 2024
  • Commercial Real Estate

Planning reform: what to expect from the new Government plans?

The newly elected Labour government can now resume work on various legislative proposals pledged in its election manifesto. There are several bills which may have impact on commercial property in the UK.

art
  • 12 September 2024
  • Privacy and Data Protection

2024 in review: tracking key data protection developments

As we approach the final quarter of 2024, it’s an opportune moment to revisit the data protection trends and developments that were anticipated at the end of 2023. Now, let’s see how those predictions have played out.

art
  • 10 September 2024
  • Employment

Sun, Fun and fairness – Amanda Glover writes for Business Voice magazine

Amanda Glover in Business Voice magazine discusses how employees at Harrods, the iconic luxury department store in London, are considering strike action over what the workers deem to be a discriminatory annual leave policy.

Pub
  • 06 September 2024
  • Corporate and M&A

How to exit your business – Reading Seminar

Due to popular demand, Nicky Goringe Larkin and Stuart Mullins, will be hosting a repeat of the ‘How to exit your business’ seminar at Clarkslegal’s Reading office.

Pub
  • 05 September 2024
  • Public Procurement

Public Procurement Annual Update 2024

The Procurement Act 2023 is coming into force on 24 February 2025, bringing with it major changes to public procurement procedures and legal remedies. Join our Public Procurement team as they provide you with the essential information you need to know.