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Protected Disclosures

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[Thanks to Ed McFarlane of Deminos HR for preparing this case summary]

Can a Claimant rely on a protected disclosure made after the termination of a working relationship to bring a 'whistleblowing' claim?

Yes, says the EAT in Onyango v Berkeley Solicitors.

Dealing with a novel point, the EAT held that the statutory wording (s47B ERA) did not limit the whistleblower's protection to disclosures made during the relevant employment.

This construction was in line with the purpose of the legislation, and was consistent with other recent authorities. Therefore, an employment tribunal had jurisdiction to hear the Claimant's complaint.

The case was remitted for determination of the issue to a different tribunal.