Babula v Waltham Forest College [2006] EWCA Civ 1154 (21 July 2006)

Babula v Waltham Forest College [2006] EWCA Civ 1154 (21 July 2006)

Permission to appeal is granted because the construction of s.43B adopted by the Employment Appeal Tribunal is not the only tenable interpretation, and the issue merits further consideration at appellate level.

Citation
[2006] EWCA Civ 1154
Parties
Claimant/appellant: Dr Michael Babula; Defendant/respondent: Waltham Forest College
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
Permission to appeal granted
Legal Topics
Protected Disclosure, Whistleblowing, Constructive Dismissal, Unfair Dismissal, Interpretation of Employment Rights Act 1996 S.43 B
Employment Law Protected Disclosure Whistleblowing Constructive Dismissal Unfair Dismissal Interpretation of Employment Rights Act 1996 S.43 B

Case Brief

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Parties

Dr Michael Babula

Claimant/appellant

Waltham Forest College

Defendant/respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a worker's reasonable belief under s.43B Employment Rights Act 1996 must relate to an actual legal obligation or offence, or if a reasonable belief in the facts is sufficient for a protected disclosure
  2. 2 Proper construction of s.43B Employment Rights Act 1996

Ratio Decidendi

Permission to appeal is granted because the construction of s.43B adopted by the Employment Appeal Tribunal is not the only tenable interpretation, and the issue merits further consideration at appellate level.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted
  • Appeal to be heard by a court of three, including a judge with Employment Appeal Tribunal experience if possible