Taylor V University Hospitals Birmingham NHS Trust (Victimisation Discrimination : Whistleblowing) [2014] UKEAT 0082_14_1508 (15 August 2014)

Taylor V University Hospitals Birmingham NHS Trust (Victimisation Discrimination : Whistleblowing) [2014] UKEAT 0082_14_1508 (15 August 2014)

The Employment Judge erred in law by failing to properly consider whether the claimant reasonably believed the sixth disclosure was a protected disclosure; the striking-out order cannot stand as it cannot be said there were no reasonable prospects of success; the order is set aside and the matter remitted for...

Source-derived case information.

Citation
[2014] UKEAT 0082_14_1508
Parties
Claimant: Miss Julie Taylor; Respondent: University Hospitals Birmingham NHS Trust
Jurisdiction
United Kingdom
Judgment Date
15 August 2014
Procedural Posture
Employment Appeal / Appeal From Registrar’s Order, Full Hearing
Outcome
Appeal allowed in respect of striking-out order; subsequent appeals dismissed as having no further utility.
Legal Topics
Victimisation Discrimination, Whistleblowing, Practice and Procedure, Striking Out, Deposit Orders
Employment Law Victimisation Discrimination Whistleblowing Practice and Procedure Striking Out Deposit Orders

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Parties

Miss Julie Taylor

Claimant

University Hospitals Birmingham NHS Trust

Respondent

Procedural Posture

Employment Appeal / Appeal From Registrar’s Order, Full Hearing

Legal Issues

  1. 1 Whether the sixth alleged public interest disclosure was wrongly struck out as having no reasonable prospects of success
  2. 2 Whether the Employment Judge erred in law in striking out the claim and refusing review
  3. 3 Whether the deposit order and subsequent striking out complied with procedural rules

Ratio Decidendi

The Employment Judge erred in law by failing to properly consider whether the claimant reasonably believed the sixth disclosure was a protected disclosure; the striking-out order cannot stand as it cannot be said there were no reasonable prospects of success; the order is set aside and the matter remitted for further consideration.

Court Disposition

Appeal allowed in respect of striking-out order; subsequent appeals dismissed as having no further utility.

Orders

  • Striking-out order set aside
  • Matter remitted to Employment Tribunal for fresh deposit order and review application