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Objective test in whistleblowing cases - Beatt v Croydon Health Services NHS Trust [CA] 23.05.17 (Unreported)

Employment - Unfair dismissal - Whistleblowing - Beliefs of employer - Employment Rights Act 1996 Part IVA. HELD that, in a whistleblowing dismissal case, it is irrelevant that the employer genuinely believed that the employee's disclosure was not protected. A disclosure will be protected if it meets the statutory conditions in Part IVA and this is an objective test. If the employer dismisses the employee for making a disclosure that a tribunal later finds was protected, the dismissal will be automatically unfair under section 103A of the 1996 Act.
Category: Employment » Dismissal; Whistleblowing. Area(s) of law: Employment.
Source: [2017] EWCA Civ 40.

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