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’.

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!

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

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.

art
  • 04 August 2026
  • Litigation and dispute resolution

Advantages of arbitration over litigation

Arbitration is a method of resolving disputes outside the court system, with the dispute being determined by an independent arbitrator or tribunal rather than a judge. Whether a dispute is best resolved through arbitration or litigation will ultimately depend on the particular facts and circumstances of the case.