An ET has found that it is unlawful to subject an individual to a detriment on the grounds that the employer perceived them to be considering making a protected disclosure. Cloisters report that In Bilsbrough v Berry Marketing Services Ltd an ET decided that B had been suspended largely because the employer believed he had been researching ways to make a protected disclosure to the ICO. The ET accepted B’s argument that to give effect to his right to freedom of expression under Article 10 ECHR, s.47B and s.103A ERA 1996 have to be read so as to include the situation where an employer subjects a worker to a detriment or dismisses them on the ground that the employer believed that a worker had been considering making a protected disclosure [and not just that a disclosure had been made]. Note this is a non-binding first instance judgment and may be appealed.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.