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England and Wales decisions
Decisions matching the current search
The EAT dismissed Mr Nowak’s appeal against rejection of race discrimination and victimisation claims, and found no live Working Time Regulations complaint.
The claimant did not establish that refusal of the requested adjustment prevented him from making any further or different submission on a material matter; Castano is binding and claimant was not 'designated' for health and safety purposes under section 44 ERA; Tribunal's error on detriment was academic as claimant was not protected by section 44(1) ERA.
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The EAT upheld dismissal of a whistleblowing dismissal claim but remitted the detriment claim under section 47B, finding errors in the tribunal’s public interest analysis.
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.
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Rogerson v Erhard-Jensen Ontological/phenomenological Initiative Ltd [2025] EWCA Civ 1547 (01 December 2025)
The Court of Appeal held that commencing arbitration against a whistleblower can be an actionable detriment under the ERA and is not barred by judicial proceedings immunity.
Rice v Wicked Vision Ltd (Rev1) [2025] EWCA Civ 1466 (14 November 2025)
The Court of Appeal considered whether whistleblowing detriment claims could be amended to include dismissal-based allegations under section 47B ERA 1996.
Reynolds v Abel Estate Agent Ltd & Ors [2025] EWCA Civ 1357 (27 October 2025)
The Court of Appeal held that failure to comply with early conciliation before bringing a detriment claim deprived the Employment Tribunal of jurisdiction.
Employment Appeal Tribunal decision on whistleblowing causation: Jhuti was remitted for the section 103A claim, but not extended to section 47B(1A) or (1B).
The Employment Tribunal did not err in law in dismissing the complaint of victimisation because it correctly found, on the totality of the evidence, that the reasons for the alleged detriments were unrelated to the claimant's race or protected acts, and that the referenced email did not provide a basis for inferring victimisation.
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The Employment Appeal Tribunal refused a non-party’s request for case documents, holding that open justice did not require disclosure on the facts.
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