For a public interest disclosure to be protected the worker must have a reasonable belief that it is being made in the public interest. In Okwu v Rise Community Action, O disclosed matters relating to her personal contractual position, plus a potential breach of the Data Protection Act (DPA) relating to the security of sensitive and confidential personal information. The ET decided there was no public interest because O’s disclosures appeared to principally involve personal matters. The EAT disagreed. First, the ET failed to ask whether O had a reasonable belief that her disclosure about breaches of the DPA was in the public interest and given the sensitive information involved, it was hard to see how it was not. Second, while O had primarily raised personal matters, Chesterton Global v Nurmohamed made it clear that would not necessarily mean she did not ‘reasonably believe’ [subjectively at the time and belief objectively reasonable] that her disclosure as a whole was in the public interest. 

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.