Mr Nicol had raised concerns to HR consultants about his CEO’s managerial style . The CEO was informed that concerns had been raised about her but was not told about their substance. Shortly afterwards, Mr Nicol was dismissed. Mr Nicol lost his s.103A dismissal claim because the ET found that the decision-maker—the CEO—had not been aware of the substance of the protected disclosure.
These two cases are about the same legal point. The ERA provides for two different causes of action for dismissal (s103A) and detriment (s47B). A s.47B detriment claim cannot be used when the detriment in question amounts to a dismissal as there is a different cause of action for dismissal claims. Only an employee can be dismissed so a worker who loses their job needs to bring a s47B detriment claim. However, since Osipov, employees have been able to bring a s.47B detriment claim for the decision to dismiss taken by a co-worker, in addition to (or instead of) a s.103A dismissal claim.
Mr Durey, a student paramedic, raised concerns about the reduction of students’ placement hours. He argued that he was victimised as a result and brought a detriment claim under Section47B of the Employment Rights Act 1996 (ERA). He did not have any financial loss and only claimed injury to feelings.
MPs have had their first opportunity to vote on and debate the Public Office (Accountability) Bill – better known as the Hillsborough Law. Championed by the Hillsborough families and campaigners its being presented as a way to prevent future state cover-ups such as the one they faced after the Hillsborough disaster.
The long-awaited Public Office (Accountability) “Hillsborough” Bill has been published aimed at ending ‘the culture of cover-ups and hiding the truth, ensuring transparency, accountability, and support for bereaved families’. The closing of ranks and cover ups from people who should be protecting the public formed an all too depressing theme for many disasters including the Grenfell Tower fire, the Infected Blood Scandal and the Post Office/Horizon scandal. However, candour means always telling the truth – not just to coroners and inquiry chairs – and the Bill’s ambitious aims will not be realised if whistleblowers are too afraid to come forward, or if – when they do – their concerns are ignored.
