Bolton School v Evans

Bolton School v Evans

Permission to appeal is granted because there is a real prospect of success on the issue of whether disciplinary action was taken for making a protected disclosure or for independent misconduct, which is of general public importance for the operation of whistleblower protections.

Parties
Defendant/appellant: Bolton School; Claimant/respondent: Evans
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted
Legal Topics
Protected Disclosure, Constructive Dismissal, Whistleblowing, Data Security
Employment Law Data Protection Protected Disclosure Constructive Dismissal Whistleblowing Data Security

Case Brief

Summary, issues, holding and outcome

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Parties

Bolton School

Defendant/appellant

Evans

Claimant/respondent

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether Mr Evans was subjected to a detriment and constructively dismissed for making a qualifying disclosure under the Employment Rights Act 1996
  2. 2 Whether the acts leading to disciplinary action were protected disclosures or independent acts of indiscipline
  3. 3 Whether the Employment Appeal Tribunal erred in its analysis of causation and the scope of protected disclosures

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success on the issue of whether disciplinary action was taken for making a protected disclosure or for independent misconduct, which is of general public importance for the operation of whistleblower protections.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.
  • Liberty to apply for directions if parties do not agree to abide by the court's decision.