Stolt Offshore Ltd v Miklaszewicz [2001] ScotCS 303 (21 December 2001)

Stolt Offshore Ltd v Miklaszewicz [2001] ScotCS 303 (21 December 2001)

The statutory protection for whistle-blowers under the Employment Rights Act 1996 as amended by the Public Interest Disclosure Act 1998 applies to dismissals occurring after the Act's commencement, regardless of when the disclosure was made, provided the person to whom the disclosure was made is a prescribed person at the date of dismissal.

Citation
[2001] ScotCS 303
Parties
Appellant: Stolt Offshore Limited; Respondent: Robert Miklaszewicz
Jurisdiction
Scotland
Judgment Date
21 December 2001
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal Decision
Outcome
appeal refused
Legal Topics
Protected Disclosure, Whistle Blowing, Unfair Dismissal, Victimisation, Retrospective Application of Statutes
Employment Law Statutory Interpretation Protected Disclosure Whistle Blowing Unfair Dismissal Victimisation Retrospective Application of Statutes

Case Brief

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Parties

Stolt Offshore Limited

Appellant

Robert Miklaszewicz

Respondent

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal Decision

Legal Issues

  1. 1 Whether a disclosure made before the Public Interest Disclosure Act 1998 came into force can be a 'protected disclosure' under the Employment Rights Act 1996 as amended
  2. 2 Whether section 43F applies to disclosures made before prescribed persons were designated
  3. 3 Whether the dismissal after the commencement of the 1998 Act triggers statutory protection regardless of when the disclosure was made

Ratio Decidendi

The statutory protection for whistle-blowers under the Employment Rights Act 1996 as amended by the Public Interest Disclosure Act 1998 applies to dismissals occurring after the Act's commencement, regardless of when the disclosure was made, provided the person to whom the disclosure was made is a prescribed person at the date of dismissal.

Court Disposition

appeal refused

Orders

  • Case remitted to Employment Tribunal for full hearing on all aspects, including complaints under sections 47B and 103A of the Employment Rights Act 1996