Babula v Waltham Forest College

Babula v Waltham Forest College

Permission to appeal is granted because the construction of section 43B adopted in Kraus v Penna is not the only tenable interpretation, and the issue merits definitive consideration by the Court of Appeal.

Parties
Claimant/appellant: Dr Michael Babula; Defendant/respondent: Waltham Forest College
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Protected Disclosure, Whistleblowing, Constructive Dismissal, Statutory Interpretation
Employment Law Protected Disclosure Whistleblowing Constructive Dismissal Statutory Interpretation

Case Brief

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Parties

Dr Michael Babula

Claimant/appellant

Waltham Forest College

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a worker's reasonable belief as to the existence of a legal obligation or criminal offence is sufficient for a protected disclosure under section 43B of the Employment Rights Act 1996
  2. 2 Proper construction of section 43B of the Employment Rights Act 1996

Ratio Decidendi

Permission to appeal is granted because the construction of section 43B adopted in Kraus v Penna is not the only tenable interpretation, and the issue merits definitive consideration by the Court of Appeal.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted to Dr Babula.
  • Appeal to be heard by a court of three, including a judge with Employment Appeal Tribunal experience if possible.