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Whistleblowing, unfair dismissal and manager's actions (Supreme Court judgment) - Royal Mail Group Ltd v Jhuti [SupCrt EW] 27.11.19 (Unreported)

Employment - Unfair dismissal - Employee having previously raised concerns about practices in employer's sales division - Concerns withdrawn following pressure from employee's manager - Significance of manager's actions - Correct test to be applied when employee alleges that they have been unfairly dismissed by reason of having made public interest disclosure - Circumstances in which the actions of fellow employee, such as the manager in this case, are attributed to employer. HELD Employee's appeal allowed. If a person in the hierarchy of responsibility above the employee determined that the employee should be dismissed for a reason, but hid it behind an invented reason which the decision-maker adopted, it was the court's duty to penetrate through the invention rather than to allow it to infect its own determination.

Link to judgment
Supreme Court press summary
Category: Employment » Dismissal; Vicarious liability; Whistleblowing. Area(s) of law: Employment.
Source: [2019] UKSC 55.

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