Clark-Darby v Centaur Media Plc [2007] UKEAT 0354_07_1712 (17 December 2007)

Clark-Darby v Centaur Media Plc [2007] UKEAT 0354_07_1712 (17 December 2007)

The Tribunal was entitled to find, on the evidence, that no protected disclosure was made by the Claimant on either 15 or 24 August 2005; therefore, the statutory protections did not apply and the appeal must be dismissed.

Citation
[2007] UKEAT 0354_07_1712
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
17 December 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal to Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Victimisation Discrimination, Whistleblowing, Protected Disclosure, Unfair Dismissal
Employment Law Victimisation Discrimination Whistleblowing Protected Disclosure Unfair Dismissal

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal to Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Claimant made a protected disclosure under the Employment Rights Act 1996
  2. 2 Whether the dismissal or detriment was on the ground of such disclosure
  3. 3 Whether the Employment Tribunal's findings were perverse or inadequately reasoned

Ratio Decidendi

The Tribunal was entitled to find, on the evidence, that no protected disclosure was made by the Claimant on either 15 or 24 August 2005; therefore, the statutory protections did not apply and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • No protected disclosure found; appeal dismissed
  • No further orders as bonus and costs awards at Tribunal level cancelled each other out