Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim (Whistleblowing, Protected disclosures) [2020] UKEAT 0106_19_0402 (04 February 2020)

Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim (Whistleblowing, Protected disclosures) [2020] UKEAT 0106_19_0402 (04 February 2020)

The Employment Appeal Tribunal upheld the Employment Tribunal's finding that the principal reason for dismissal was the dispute over liability for unpaid tax, not the making of protected disclosures. The claimant's contract was unenforceable during the period of illegal performance (failure to pay tax), but enforceable after cessation of illegality. The claimant did not suffer detriment materially influenced by protected disclosures. Interim relief was improperly granted without addressing illegality.

Citation
[2020] UKEAT 0106_19_0402
Parties
Appellant/respondent: Ms Tracy Robinson; Respondent/appellant: His Highness Sheikh Khalid Bin Saqr Al Qasimi
Jurisdiction
United Kingdom
Judgment Date
04 February 2020
Procedural Posture
Employment Appeal Tribunal / Appeal and Cross Appeal From Employment Tribunal Decisions
Outcome
Appeal dismissed; cross-appeal allowed in part; interim relief order set aside.
Legal Topics
Whistleblowing, Protected Disclosures, Unfair Dismissal, Wrongful Dismissal, Illegality in Contract, Interim Relief
Employment Law Whistleblowing Protected Disclosures Unfair Dismissal Wrongful Dismissal Illegality in Contract Interim Relief

Case Brief

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Parties

Ms Tracy Robinson

Appellant/respondent

His Highness Sheikh Khalid Bin Saqr Al Qasimi

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal / Appeal and Cross Appeal From Employment Tribunal Decisions

Legal Issues

  1. 1 Whether dismissal was due to protected disclosures under ERA 1996 s43A
  2. 2 Whether claimant suffered detriment for making protected disclosures
  3. 3 Whether contract was unenforceable due to illegal performance (failure to pay tax)

Ratio Decidendi

The Employment Appeal Tribunal upheld the Employment Tribunal's finding that the principal reason for dismissal was the dispute over liability for unpaid tax, not the making of protected disclosures. The claimant's contract was unenforceable during the period of illegal performance (failure to pay tax), but enforceable after cessation of illegality. The claimant did not suffer detriment materially influenced by protected disclosures. Interim relief was improperly granted without addressing illegality.

Court Disposition

Appeal dismissed; cross-appeal allowed in part; interim relief order set aside.

Orders

  • Claimant not entitled to claim unfair or wrongful dismissal for period of illegal performance.
  • Interim relief order requiring contract continuation and monthly payments set aside.