NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 (25 October 2011)

NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 (25 October 2011)

Employer is not vicariously liable for acts of victimisation by employees unless those acts constitute a legal wrong; section 47B is only breached if the protected disclosure is a material reason for the employer's detrimental treatment, which was not established on the facts.

Citation
[2011] EWCA Civ 1190
Parties
Appellant: NHS Manchester; Respondents: Fecitt & Ors; Intervener: Public Concern at Work
Jurisdiction
England and Wales
Judgment Date
25 October 2011
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed; Employment Tribunal's finding restored; no breach of section 47B.
Legal Topics
Protected Disclosure, Victimisation, Vicarious Liability, Causation, Burden of Proof
Employment Law Whistleblowing Protected Disclosure Victimisation Vicarious Liability Causation Burden of Proof

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 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

NHS Manchester

Appellant

Fecitt & Ors

Respondents

Public Concern at Work

Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether employer breached section 47B of the Employment Rights Act 1996 by victimising whistleblowers
  2. 2 Whether employer can be vicariously liable for acts of victimisation by employees
  3. 3 Proper causation test for detriment under section 47B

Ratio Decidendi

Employer is not vicariously liable for acts of victimisation by employees unless those acts constitute a legal wrong; section 47B is only breached if the protected disclosure is a material reason for the employer's detrimental treatment, which was not established on the facts.

Court Disposition

Appeal allowed; Employment Tribunal's finding restored; no breach of section 47B.

Orders

  • Employment Tribunal's decision reinstated
  • No liability for NHS Manchester under section 47B