Whistleblowing

Employees have the right to be protected from victimisation if they blow the whistle on employer malpractice.

The facts

Flintshire County Council's audit manager resigned after four years in post. He had alleged financial malpractice and written a number of memos to members of the council on the issue. As a result he was ostracised, fell ill and at one stage the council decided to take away his sick pay entitlement. He eventually resigned claiming protection under the Public Interest Disclosure Act 1998 and constructive dismissal.

The ruling

The EAT held that he had been victimised unlawfully and contrary to the Act. He had made his disclosures in good faith and as a result had not received the support to which he should have been entitled either in health or in sickness. In addition the stopping of his sick pay amounted to victimisation.

* Flintshire CC v Sutton EAT1082/02