The Claimant complained that he was being falsely blamed for breaches of confidentiality, such that he had to "clear his name", and the ET found that this did not amount to a breach of s 43B(1)(b) Employment Rights Act 1996. The Claimant appealed against this finding.

The EAT held that the ET had erred in concluding that tortious duties, such as defamation, were not covered by s 43B(1)(b); however, the ET had correctly concluded that the disclosure did not meet the public interest test.