Whistleblowing

Employees who make protected disclosures must do so in good faith if they want to rely on the whistleblowing legislation for protection.

The facts

Frances Street made a number of allegations against the manager of her workplace. The investigating officer found that her allegations had been "at best misguided and at worst malicious", and she was subsequently dismissed for gross misconduct and breach of trust.

Street brought a claim of unfair dismissal under section 103A of the Employment Rights Act 1996, which says it is automatically unfair to dismiss an employee for making a protected disclosure.

The ruling

The Court of Appeal held that, even if an employee believes their disclosure to be true, they will still not be acting in good faith unless they are motivated entirely by the public interest. Street had been motivated by personal antagonism, so her claim failed.

Street v Derbyshire Unemployed Workers' Centre A1/2003/2160