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Protected disclosures

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Norbrook Laboratories v Shaw

In the above case the Claimant, who managed a sales team, had sent separate emails to different managers expressing concerns over the hazards of staff driving in snowy conditions. He alleged that his later dismissal was automatically unfair as a consequence of a protected disclosure under the whistleblowing legislation. The Employment Appeal Tribunal held that separate communications considered together, even if made to different people, can amount to a protected disclosure even if separately they would not do so.

In Practice

Head of the Employment team Kate Fretten says “Employers should be cautious when an employee is making, what may seem like, small complaints about a breach of a legal obligation or health and safety to several different people. It is common practice that this is ignored as not being of any consequence, but this case proves otherwise. Employers should seek advice if an employee is complaining about a breach of a legal obligation or health and safety, even if seemingly small or insignificant.”

At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.