Decision maker must be aware of some detail of disclosure

In Nicol v World Travel and Tourism Council [2024] EAT 42 the EAT rejected the claimant’s contention that, as long as a protected disclosure had been made to person A, and person B (the decision-maker) knew that a disclosure had been made, person B did not need to know the detail of what had been disclosed to person A. The EAT instead held that:

• the employment tribunal had not erred in deciding that person B needed to be aware of some of the detail of what the claimant had disclosed to person A
• according to the structure of the whistleblowing legislation, for employers to be fixed with liability they ought to have some knowledge of what the worker is complaining or expressing concerns about
• it is not enough that person B knows that the claimant has made a disclosure to person A (ie it is not enough if there is no detail about its contents to know whether it may fall within one or more of the categories of protected disclosures).

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.