BP Plc v. Elstone & Anor [2010] UKEAT 0141_09_3103 (31 March 2010)

BP Plc v. Elstone & Anor [2010] UKEAT 0141_09_3103 (31 March 2010)

A worker is protected from detriment by a current employer for a qualifying disclosure made while employed by a previous employer, as the statute does not require the employer at the time of disclosure to be the same as the employer at the time of detriment.

Citation
[2010] UKEAT 0141_09_3103
Parties
Appellant: Petrotechnics; First Respondent: Mr Elstone; Second Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
31 March 2010
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed as academic.
Legal Topics
Protected Disclosure, Victimisation, Statutory Interpretation
Employment Law Whistleblower Protection Protected Disclosure Victimisation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Petrotechnics

Appellant

Mr Elstone

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a worker can claim detriment for a protected disclosure made while employed by a previous employer under Section 47B Employment Rights Act 1996

Ratio Decidendi

A worker is protected from detriment by a current employer for a qualifying disclosure made while employed by a previous employer, as the statute does not require the employer at the time of disclosure to be the same as the employer at the time of detriment.

Court Disposition

Appeal dismissed; cross-appeal dismissed as academic.

Orders

  • No further action required; original tribunal decision upheld.