Whistleblowing protection clarified

In deciding whether an individual is protected by whistleblowing laws, it is enough to show that they reasonably believe the information they disclose is in the public interest. 


In the case of Okwu v Rise Community Action UKEAT/0116/18, Miss Okwu worked for Rise, a small charity supporting individuals affected by domestic violence, female genital mutilation or HIV. 


The charity raised a number of issues regarding Okwu’s performance and extended her probation period by three months. 


Okwu subsequently raised a number of concerns that Rise was in breach of data protection principles by failing to provide her with her own mobile phone with secure storage when she was dealing with sensitive and confidential personal information. 


Rise then terminated her employment on performance grounds. She claimed she had been unfairly dismissed for making protected disclosures. 


An employment tribunal (ET) found that the matters raised by Okwu concerned her own contractual position and were not in the public interest. But the Employment Appeal Tribunal (EAT) said the ET had erred in its approach. 


Whether or not the disclosure was in the public interest (or true), the ET had failed to ask whether Okwu had a reasonable belief that her disclosure was in the public interest. 


Given the sensitive information involved, said the EAT, it was hard to see how it could not have been. 


The case was remitted to the ET for reconsideration.

www.bailii.org/uk/cases/UKEAT/2019/0082_19_2406.html