Bolton School v Evans

Bolton School v Evans

The appeal was dismissed because the Court found that Mr Evans was disciplined and constructively dismissed for his conduct in accessing the computer system, not for making a protected disclosure. The statutory protection for whistleblowers does not extend to acts of misconduct undertaken to obtain evidence for a disclosure. The employer's genuine belief that Mr Evans's conduct was unauthorised and constituted misconduct was the reason for the disciplinary action, not the disclosure itself.

Parties
Respondent: Bolton School; Appellant: 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
Legal Topics
Protected Disclosure, Constructive Dismissal, Whistleblowing, Data Protection, Unfair Dismissal
Employment Law Protected Disclosure Constructive Dismissal Whistleblowing Data Protection Unfair Dismissal

Case Brief

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Parties

Bolton School

Respondent

Evans

Appellant

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 due to making a protected disclosure under section 43B of the Employment Rights Act 1996
  2. 2 Whether the conduct of 'hacking' was part of the protected disclosure or a separate act of misconduct

Ratio Decidendi

The appeal was dismissed because the Court found that Mr Evans was disciplined and constructively dismissed for his conduct in accessing the computer system, not for making a protected disclosure. The statutory protection for whistleblowers does not extend to acts of misconduct undertaken to obtain evidence for a disclosure. The employer's genuine belief that Mr Evans's conduct was unauthorised and constituted misconduct was the reason for the disciplinary action, not the disclosure itself.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Cross-appeal dismissed