Pinnington v City & County of Swansea & Anor

Pinnington v City & County of Swansea & Anor

There was no act or deliberate failure to act by the employer after the coming into force of the protected disclosure provisions that could constitute detriment. The Employment Tribunal was correct to reject the claim as there was no evidence of such act or omission, and thus no cause of action under section 47B.

Parties
Applicant/respondent: Bernice Pinnington; Respondent/appellant: City and County of Swansea; Respondent/appellant: Governing Body of Ysgol Crug Glas School
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Protected Disclosure, Detriment, Employment Rights Act, Public Interest Disclosure
Employment Law Unfair Dismissal Protected Disclosure Detriment Employment Rights Act Public Interest Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Bernice Pinnington

Applicant/respondent

City and County of Swansea

Respondent/appellant

Governing Body of Ysgol Crug Glas School

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the applicant suffered detriment by act or deliberate failure to act by the employer after the coming into force of the protected disclosure provisions
  2. 2 Whether the Employment Tribunal erred in law in its approach to detriment under section 47B of the Employment Rights Act 1996

Ratio Decidendi

There was no act or deliberate failure to act by the employer after the coming into force of the protected disclosure provisions that could constitute detriment. The Employment Tribunal was correct to reject the claim as there was no evidence of such act or omission, and thus no cause of action under section 47B.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Normal order for costs