Darnton v. University of Surrey [2001] UKEAT 0882_01_2611 (26 November 2001)

Darnton v. University of Surrey [2001] UKEAT 0882_01_2611 (26 November 2001)

There are arguable grounds that the letter could be a protected disclosure and that the Tribunal may have applied the wrong test for good faith; leave is granted to amend the grounds of appeal on these issues.

Citation
[2001] UKEAT 0882_01_2611
Parties
Appellant: Mr Darnton; Respondent: Professor Kangis
Jurisdiction
United Kingdom
Judgment Date
26 November 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave to amend grounds of appeal granted
Legal Topics
Protected Disclosure, Good Faith, Employment Rights Act 1996, Whistleblowing
Employment Law Protected Disclosure Good Faith Employment Rights Act 1996 Whistleblowing

Case Brief

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Parties

Mr Darnton

Appellant

Professor Kangis

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Applicant's letter of 19 January 2000 was a protected disclosure under Section 43B of the Employment Rights Act 1996
  2. 2 Whether the Tribunal applied the correct test for good faith in making the disclosure

Ratio Decidendi

There are arguable grounds that the letter could be a protected disclosure and that the Tribunal may have applied the wrong test for good faith; leave is granted to amend the grounds of appeal on these issues.

Court Disposition

Leave to amend grounds of appeal granted

Orders

  • Appellant granted leave to file amended grounds of appeal within 28 days
  • Case classified as Class B with a half-day time estimate