Bolton School v Evans [2006] EWCA Civ 1653 (15 November 2006)

Bolton School v Evans [2006] EWCA Civ 1653 (15 November 2006)

The disciplinary action and constructive dismissal were not because Mr Evans made a protected disclosure, but because of his conduct in accessing the computer system without authority. The protection for whistleblowers does not extend to acts of misconduct committed in the course of gathering evidence for a disclosure, provided the employer's genuine reason for dismissal is the misconduct.

Citation
[2006] EWCA Civ 1653
Parties
Claimant/appellant: Bolton School; Defendant/respondent: Evans
Jurisdiction
England and Wales
Judgment Date
15 November 2006
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Whistleblowing, Constructive Dismissal, Protected Disclosure, Data Protection, Unfair Dismissal
Employment Law Whistleblowing Constructive Dismissal Protected Disclosure Data Protection Unfair Dismissal

Case Brief

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Parties

Bolton School

Claimant/appellant

Evans

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the disciplinary action and constructive dismissal of Mr Evans was because he made a protected disclosure under the Employment Rights Act 1996, section 43A.
  2. 2 Whether the conduct for which Mr Evans was disciplined (unauthorised access to the computer system) was part of the protected disclosure.

Ratio Decidendi

The disciplinary action and constructive dismissal were not because Mr Evans made a protected disclosure, but because of his conduct in accessing the computer system without authority. The protection for whistleblowers does not extend to acts of misconduct committed in the course of gathering evidence for a disclosure, provided the employer's genuine reason for dismissal is the misconduct.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Appeal dismissed.
  • Cross-appeal dismissed.