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Employment Law Newsletters

From time to time, and particularly when there are any significant developments in the field of Employment Law, Knight-Webb Solicitors publish a newsletter. To subscribe to this newsletter, please email sunita@knightwebb.com.

You can read previous newsletters online by clicking on the links below:

Employment Law Newsletter Autumn 2021

Employment Law Newsletter Spring 2020

November / December 2021 case update

Unfair dismissal whistleblowing claim – Not enough that selection for redundancy was ‘materially influenced’ by protected disclosures.

The recent Employment Appeal Tribunal judgement in the case of Secure Care UK Limited v R Mott illustrates some of the hurdles employees face when bringing whistleblowing claims for automatic unfair dismissal.

The Claimant worked as a Logistics Manager for the Respondent, which provided transport services for NHS patients with mental health problems. He made nine alleged protected disclosures, relating to matters such as inadequate staffing. He was put at risk of redundancy and dismissed.

The tribunal accepted that three of the disclosures qualified as protected disclosures. It found that there was a genuine redundancy situation but that the Claimant’s disclosures had had a material impact on his selection. The tribunal held the Claimant was unfairly dismissed.

The EAT disagreed. The tribunal had applied the wrong test – it had used the ‘materially influences’ test, which applies to s47B Employment Rights Act claims for whistleblowing detriments (as opposed to dismissal), rather than the sole or principal reason test required for s103A ERA claims for automatic unfair dismissal.

The EAT also found that the tribunal had failed in the causation assessment. It had failed to distinguish the impact of the three protected disclosures (and whether these caused the dismissal) from the impact of all nine disclosures.

Knight-Webb Solicitors are specialists in employment law. We pride ourselves in providing a first-rate, cost-effective and personal service to clients. We can advise you on employment law matters including furlough arrangements, redundancies and settlement agreements.

Contact Sunita Knight-Webb on 020 7207 6195 or at sunita@knightwebb.com