Whistleblowing

Workers who blow the whistle on employer malpractice have the right to claim compensation for injury to feelings.

The facts

Kevin Boyle complained about bullying at the school where he worked, but his complaints were never properly dealt with. The school held a disciplinary hearing and dismissed him. Boyle claimed compensation, including compensation for injury to feelings. He was awarded £45,000 for injury to feelings. The school claimed that these did not apply in whistleblowing cases and that in any case the amount was excessive.

The ruling

The EAT held that injury to feelings compensation could be paid, although the amount awarded by the tribunal was too high; an appropriate amount was £25,000. It also held that aggravated damages of £10,000 should be awarded in light of the employer's conduct in the manner of Boyle's dismissal; however, exemplary damages against the council (since the employer was a school) were not appropriate.

Virgo Fidelis Senior School v Boyle EAT/0644/03