Hinton v Argos Ltd (Victimisation Discrimination : Whistleblowing) [2011] UKEAT 0569_11_0710 (7 October 2011)

The Employment Tribunal's finding that dismissal was by reason of redundancy and not protected disclosure was based on evidence and fair procedure; no error of law or perversity was found. Detriments claim relating to protected disclosure is arguable and allowed to proceed to full hearing.

Citation: [2011] UKEAT 0569_11_0710
Parties: Appellant: Claimant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 07 October 2011
Procedural Posture: Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome: Appeal dismissed in respect of dismissal grounds; detriments claim allowed to proceed to full hearing.
Legal Topics: Victimisation, Whistleblowing, Protected Disclosure, Redundancy, Unfair Dismissal

Employment Law Victimisation Whistleblowing Protected Disclosure Redundancy Unfair Dismissal

Case Brief

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2

Parties

Claimant

Appellant

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

1 Whether dismissal was by reason of protected disclosure (whistleblowing)
2 Whether detriments suffered were unlawful under Employment Rights Act 1996 s.43B
3 Whether dismissal was unfair by reason of redundancy

Ratio Decidendi

Court Disposition

Appeal dismissed in respect of dismissal grounds; detriments claim allowed to proceed to full hearing.

Orders

Points 1-17 of detriments claim allowed to full hearing at Employment Tribunal
Dismissal grounds of appeal dismissed