Onyango v Berkeley (t/a Berkeley Solicitors) (Victimisation Discrimination : Protected disclosure) [2013] UKEAT 0407_12_2501 (25 January 2013)

Onyango v Berkeley (t/a Berkeley Solicitors) (Victimisation Discrimination : Protected disclosure) [2013] UKEAT 0407_12_2501 (25 January 2013)

As a matter of statutory construction, post-termination disclosures may be relied on if they lead to detrimental treatment; the Employment Tribunal was wrong to decline jurisdiction to consider the section 47B complaint.

Citation
[2013] UKEAT 0407_12_2501
Parties
Appellant: Mr Onyango; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
25 January 2013
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Protected Disclosure, Whistleblowing, Victimisation Discrimination, Post Termination Rights
Employment Law Protected Disclosure Whistleblowing Victimisation Discrimination Post Termination Rights

Case Brief

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Parties

Mr Onyango

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether a claimant may rely on a post-termination protected disclosure in a whistleblowing claim under section 47B Employment Rights Act 1996

Ratio Decidendi

As a matter of statutory construction, post-termination disclosures may be relied on if they lead to detrimental treatment; the Employment Tribunal was wrong to decline jurisdiction to consider the section 47B complaint.

Court Disposition

Appeal allowed

Orders

  • Case remitted to a different Employment Tribunal for determination of the section 47B complaint on its merits