Employment Cases Update

October 2015 CPD Questions

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Date published: 02/11/2015

12 CPD questions on recent cases on protected disclosures

This months CPD questions relate to recent cases on protected disclosure:

Soh v Imperial College of Science, Technology & Medicine UKEAT/0350/14/DM
Appeal against the dismissal of the claimant's claims that she was subjected to detriment and dismissed because of public interest disclosures. Respondent's appeal against a finding of unfair dismissal, a 20% reduction for contributory fault and in respect of a claim for expenses. Appeal and cross-appeal allowed and remitted to a fresh Tribunal.

Salisbury NHS Foundation Trust v Wyeth UKEAT/0061/15/JOJ
Appeal against an ET judgment upholding the claimant's claim of automatic constructive unfair dismissal by reason of having made a protected disclosure. Appeal allowed and the section 103A aspect of the claim was remitted to a freshly constituted ET for re-hearing.

Small v The Shrewsbury & Telford Hospitals NHS Trust UKEAT/0300/14/LA
The claimant argued on appeal that the ET was bound in law to have considered whether to make an award for "stigma" damages/loss of employability in future. Appeal dismissed.

Mark Shulman's article "Are workers protected from their disclosures? Case Round-Up October 2015" may also help when answering the questions.

For each question answered correctly 10 minutes of CPD is added to your training record so if you answer all 12 that will give you 2 hours.

Barristers: please note that, according to BSB rules, you will have to answer at least 3 questions correctly, equivalent to 30 minutes, for the training to count towards your CPD requirements.