Timis & Anor v Osipov & Anor

Timis & Anor v Osipov & Anor

Section 47B(2) of the Employment Rights Act 1996 does not bar claims against individual co-workers for detriments amounting to dismissal; individuals can be personally liable for losses flowing from a whistleblower dismissal, and the employer may be vicariously liable under section 47B(1B).

Parties
Appellant: Frank Timis; Appellant: Antony Sage; Respondent: Alexander Osipov; Intervener: Protect
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Whistleblowing, Unfair Dismissal, Detriment, Individual Liability, Compensation, Employment Rights Act 1996
Employment Law Whistleblowing Unfair Dismissal Detriment Individual Liability Compensation Employment Rights Act 1996

Case Brief

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Parties

Frank Timis

Appellant

Antony Sage

Appellant

Alexander Osipov

Respondent

Protect

Intervener

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether individual co-workers can be personally liable for losses flowing from a whistleblower dismissal under section 47B of the Employment Rights Act 1996
  2. 2 Whether section 47B(2) bars claims against individuals for detriments amounting to dismissal
  3. 3 Whether Mr Sage could be liable as a party to the dismissal decision

Ratio Decidendi

Section 47B(2) of the Employment Rights Act 1996 does not bar claims against individual co-workers for detriments amounting to dismissal; individuals can be personally liable for losses flowing from a whistleblower dismissal, and the employer may be vicariously liable under section 47B(1B).

Court Disposition

Appeal dismissed

Orders

  • The appeal by Frank Timis and Antony Sage is dismissed.
  • The Employment Appeal Tribunal's decision is upheld.