Whistleblowing

Where an employee alleges that her or his dismissal is on the grounds of having made a "protected disclosure" (whistleblowing) any allegations relating to the unfairness of the dismissal on procedural or other grounds are not relevant in the way that they would be for an ordinary unfair dismissal claim. The critical issue is not the substantive or procedural unfairness, but whether there actually has been a protected disclosure. This means that the tribunal must hear all the evidence from the employer as to the reason for the dismissal.

* ALM Medical Services v Bladon Court of Appeal, Case No: A1/2001/1241&B

In another case the EAT has held that an employee who secretly videos his workplace to build up evidence of wrongdoing cannot claim that this in itself amounts to a protected disclosure unless the video is published or passed on.

* Aspinal v MSI Mech Forge EAT/891/01