Malcolm Ford v The Scottish Ministers

Malcolm Ford v The Scottish Ministers

The tribunal erred in its approach to detriment and causation for the section 47B ERA claims by failing to explain why secondment was not a detriment and by not applying the correct material influence test; the appeal is allowed on these grounds and remitted for reconsideration. The tribunal did not err in finding the dismissal was for conduct and not for making protected disclosures; the appeal on unfair dismissal grounds is refused.

Parties
Appellant: Mr Malcolm Ford; Respondent: The Scottish Ministers
Jurisdiction
England and Wales
Judgment Date
12 December 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, refused in part
Legal Topics
Protected Disclosures, Unfair Dismissal, Detriment, Causation, Whistleblowing
Employment Law Protected Disclosures Unfair Dismissal Detriment Causation Whistleblowing

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Malcolm Ford

Appellant

The Scottish Ministers

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was subjected to detriment for making protected disclosures under section 47B ERA
  2. 2 Whether the appellant's dismissal was unfair or automatically unfair under sections 98 and 103A ERA
  3. 3 Whether the tribunal applied the correct legal test for causation and detriment

Ratio Decidendi

The tribunal erred in its approach to detriment and causation for the section 47B ERA claims by failing to explain why secondment was not a detriment and by not applying the correct material influence test; the appeal is allowed on these grounds and remitted for reconsideration. The tribunal did not err in finding the dismissal was for conduct and not for making protected disclosures; the appeal on unfair dismissal grounds is refused.

Court Disposition

Appeal allowed in part, refused in part

Orders

  • Appeal allowed on grounds 1 and 2 (detriment claims under section 47B ERA) and remitted to the same tribunal for reconsideration of specified issues including time bar and remedy.
  • Appeal refused on grounds 3 and 4 (unfair dismissal claims).