Search

How can we help?

Icon

Whistleblowing: ‘Public Interest’ developments

The Employment Appeal Tribunal (“EAT”) recently revisited the issue of whether an employee’s disclosure was made in the public interest.

In Morgan v Royal Mencap Society, the Claimant complained about her cramped working conditions, arguing that they posed a risk to her health and safety.  She maintained that her complaint amounted to a protected disclosure for whistleblowing purpose.  The tribunal disagreed and struck out the Claimant’s claim at a preliminary hearing on the grounds that the Claimant’s disclosure was not in the public interest.

Disclosures made after June 2013 must be made in the public interest (and also satisfy other legislative requirements) in order to attract protection under the whistleblowing regime.  The public interest requirement was inserted into legislation to prevent employees complaining about breaches of their own contract of employment and claiming that such complaints attracted whistleblowing protection.

She maintained that her complaint amounted to a protected disclosure for whistleblowing purpose.

Employers were obviously pleased by the legislative changes, which made it harder for employees to bring valid whistleblowing claims, but we have seen the ‘public interest’ requirement being somewhat diluted in recent cases.  Following the Chesterton Global Ltd case last year, the EAT clarified that disclosures need not be in the interest of the public as a whole to attract protection.  In that case, a group of 100 senior managers were considered sufficient to satisfy the public interest requirement.

The EAT commented in Morgan that there was a high threshold to overcome before a whistleblowing case should be struck out at a preliminary hearing.  It stated that the tribunal should have taken the Claimant’s case at its strongest (being mindful that she had not given oral evidence) which it did not.  The EAT remitted the case to the tribunal again to fully consider the public interest issue.

Employers should watch this space as to how far the Tribunals are willing to stretch the ‘public interest’ requirement.

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

employmentboddy logo
clipboard logo HR Resources

Whistleblowers factsheet

Guidance on whistleblowers with practical points including protected disclosure, malpractice, protection rights, liability and remedy.

Read, listen and watch our latest insights

Pub
  • 21 July 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q3 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical issues and key developments our team has examined over the past three months. In Episode 3, they discuss CICs, company registers, and the use of NDAs in business sales and exits.

art
  • 20 July 2026
  • Privacy and Data Protection

Personal Data FAQs

Explore comprehensive answers to frequently asked questions about personal data, GDPR compliance, and your rights.

art
  • 16 July 2026
  • Corporate and M&A

EMIs – The basics

Discover the essentials of Enterprise Management Incentives (EMIs), an HMRC-approved employee share scheme offering tax advantages. Learn how EMIs incentivise staff, eligibility requirements, and how Clarkslegal can help tailor a scheme for you.

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.