Whistleblowing: employer’s belief is not relevant

Lisa Robertson (+44 (0)191 279 9691, lisa.robertson@bonddickinson.com) is Managing Associate at Bond Dickinson.

In Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401, a whistleblowing dismissal case, the Court of Appeal decided that an employer cannot escape a finding of automatically unfair dismissal if it genuinely believes that the employee’s disclosure was not protected. Deciding if a disclosure is protected is an objective assessment for the employment tribunal as to whether the statutory conditions for protection are met. Lisa Robertson of Bond Dickinson considers the decision.