Employment Cases Update

Elysium Healthcare No 2 Ltd v Ogunlami UKEAT/0116/18/RN

Date published: 20/06/2019

Appeal against the ET’s decision upholding the Claimant’s claim of public interest disclosure detriment pursuant to s 47B Employment Rights Act 1996 (“ERA”). Appeal dismissed.

The Claimant, who is employed by the Respondent, contended that he had made protected disclosures to the Respondent on six occasions and that he had suffered three detriments on the grounds of his disclosures. He presented his complaint under s 47B ERA, and the ET, having found that the Claimant had made protected disclosures and had suffered detriments resulting from those disclosures, awarded compensation for injury to the Claimant's feelings. The Respondent appealed against the ET's findings on a number of grounds, including that the ET had erred in law by failing to consider adequately or at all the Claimant's subjective belief (1) in respect of the matters identified in the two categories relied on under s 43B, and (2) when considering the ingredient of the public interest.

The EAT held that the ET had not erred in law in respect of any of the grounds of appeal, and so the appeal would be dismissed.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on GOV.UK or download the file by clicking the link below.