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England and Wales Case Law

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Employment law

Dr Susan Gilby v Countess of Chester Hospital NHS Foundation Trust & Anor

The claimant made protected disclosures in the public interest regarding the second respondent’s conduct. The respondents subjected her to detriments, including exclusion, denial of access to materials, and engineered her exit, all materially influenced by her protected disclosures. The respondents’ conduct breached the implied term of trust and confidence, entitling the claimant to resign. Her resignation was a constructive dismissal, which was both unfair and automatically unfair under s.103A ERA as the principal reason was her protected disclosures.

Source excerpt

  • Constructive dismissal
  • Unfair dismissal
  • Protected disclosure
  • Detriment
  • Breach of trust and confidence
  • Suspension
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Employment law

Charlie Forrest v Amazon Web Services EMEA SARL UK Branch

It was an error of law to strike out the appellant's claims without considering whether a fair trial remained possible and without first making an unless order; the appeal is allowed and the claims reinstated.

Source excerpt

  • Strike out
  • Case management orders
  • Protected disclosures
  • Reasonable adjustments
  • Fair trial
  • Unless orders
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Employment law [2020] EWCA Civ 73

Jesudason v Alder Hey Children's NHS Foundation Trust

Jesudason v Alder Hey Children's NHS Foundation Trust [2020] EWCA Civ 73 (31 January 2020)

Court of Appeal considered whistleblowing detriment, post-employment disclosures, and race discrimination arising from dispute between a surgeon and his NHS trust.

  • Protected disclosure
  • Post-employment detriment
  • Reasonableness of disclosure
  • Race discrimination
  • Whistleblowing
  • Employment-rights-act-1996
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Employment law [2019] EWCA Civ 2180

Tiplady v City of Bradford Metropolitan District Council

Tiplady v City of Bradford Metropolitan District Council [2019] EWCA Civ 2180 (11 December 2019)

The Court of Appeal held that whistleblowing detriment under ERA 1996 s 47B is limited to detriments suffered in the employment field, and dismissed the appeal.

  • Protected disclosures
  • Detriment in employment
  • Constructive dismissal
  • Jurisdiction of employment tribunal
  • Whistleblowing
  • Employment-rights-act-1996
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Employment law [2019] EWCA Civ 2007

Ibrahim v HCA International Ltd

Ibrahim v HCA International Ltd [2019] EWCA Civ 2007 (19 November 2019)

The Court of Appeal held the tribunal had not adequately addressed whether the claimant subjectively believed his disclosures were in the public interest, and remitted the whistleblowing claim.

  • Protected disclosures
  • Public interest test
  • Subjective belief
  • Costs
  • Remission to tribunal
  • Whistleblowing
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Employment law [2017] EWCA Civ 1632

Royal Mail Ltd v Jhuti

Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 (20 October 2017)

Court of Appeal held that only the actual dismissing decision-maker’s state of mind counts under section 103A, but dismissal-related loss might still be recoverable as detriment loss.

  • Unfair dismissal
  • Protected disclosure
  • Vicarious liability
  • Detriment
  • Attribution of motivation
  • Remedies for detriment
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Employment law [2011] EWCA Civ 1190

NHS Manchester v Fecitt & Ors

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

Court of Appeal held NHS Manchester was not vicariously liable for colleagues’ conduct and restored the Employment Tribunal’s finding of no section 47B breach.

  • Protected disclosure
  • Victimisation
  • Vicarious liability
  • Causation
  • Burden of proof
  • Whistleblowing
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Employment law [2004] EWCA Civ 1180

Pinnington v Swansea City & County & Anor

Pinnington v Swansea City & County & Anor [2004] EWCA Civ 1180 (19 August 2004)

The Court of Appeal refused the employee’s application for permission to appeal on unfair dismissal and whistleblowing issues, but allowed the employers’ cross-application on detriment.

  • Unfair dismissal
  • Protected disclosure
  • Detriment
  • Capability due to illness
  • Unfair-dismissal
  • Whistleblowing
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.