Whistleblowing detriment claims: no need to combine the motivation of another with the act of the decision maker

In William v Lewisham and Greenwich NHS Trust [2024] EAT 58 the EAT held that its earlier decision in Malik v Centros Securities (UKEAT/0100/17/RN) (that in a public interest detriment claim under section 47B of the Employment Rights Act 1996 it is not permissible to import the knowledge and motivation of another to the decision maker) is not changed by the Supreme Court’s decision in Royal Mail Group v Jhuti [2020] IRLR 129. This is because Jhuti was specifically about unfair dismissal claims rather than detriment claims.

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