Whistleblowing - Landmark cases

  • By The Alchemist About Town
  • 22 Aug, 2016

People stuff

Pic from www.darutahqiq.com
In Cherserton v Nurmohamed , Mr Nurmohamed made disclosure about alleged manipulation of the firm's accouts and claimed that, by deliberately overstating costs and liabilities for its London office the firm was reducing managers' commission, including his own.


A tribunal found that he had been automatically unfairly dismissed (when the whistleblowing provisions were amended in 2013, one of the changes was that the disclosure had to be "in the public interest"). In considering whether the public interest test was fulfilled, the Employment Tribunal considered what constitutes 'the public' . It accepted that a group of 100 people sufficed and that 'public'  can mean a section of the public rather than the entirety.



Following an appeal by Chestertons, the Employment Appeal Tribunal upheld the tribunal decision and went on to emphasise that it is the worker’s reasonable belief that is important rather than whether the allegation actually does in fact involve an issue of public interest.


The EAT did not view it as a way to a personal grievance about a private contractual matter because Mr Nurmohamed, although personally affected, believed that the disclosure was important for the whole pool of managers
 
In Underwood v Wincanton plc . , Underwood brought claims of automatic unfair dismissal and detriment for having made protected disclosures.

The disclosures on which he relied was a letter which complained of unfair allocation of overtime. Wincanton argued that, at most, the letter expressed a collective grievance  about a contractual matter.


The Employment Tribunal struck out the claim finding that a complaint, concerning only a group of workers about terms of their contracts, could not meet the public interest test. Overturning the Employment Tribunal's decision the EAT recognised that the Employment Tribunal's judgment had been given before any real guidance as to the meaning of "public interest" and before its decision in Chesterton Global Ltd v Nurmohamed had been delivered. That case concerned an employee making a disclosure about contractual matters (commission payments) where 100 senior managers were affected.

The EAT found that provided a section of the public, rather than simply the individual, was concerned, this was sufficient to meet the test and that the dispute between an employer and a group of employees relating to their terms and conditions of employment was capable of being a protected disclosure. The issues of health and safety meant this case from an EAT prospective was within the scope of problem the legislation was intended to address.

This did require an interpretation of the word “public” to mean a relatively small number of employees. Employers should be aware that, following this case, employees may bring claims on the basis of allegations about their own contracts if there is a health and safety or other public interest dimension to the claim.  If an employee can show that they were dismissed because of a protected disclosure, they do not need to have the usual two years’ service to bring a claim of unfair dismissal, the dismissal will be automatically unfair and there is no cap on the compensation that can be awarded. Employers may also need to consider the drafting of their whistleblowing policies.

The People Alchemist Blog

By The Alchemist About Town 22 Sep, 2017
I am so utterly delighted that my book is now out, available to order both on paperback and on Kindle edition just in time for Business Women's Day - YES!!!!!! :-) 

STOP IT! It's all in your head   is my labour of love and my way to encourage, inspire and empower women to achieve what they want professionally and not be confined by societal, religious, family paradigms of what " women should do/are like" and, most importantly, the restrictions in their head.
If that is being CEO of a Global Company or a stay-at-mum or Director of Paperclip ( whatever grabs your fancy) so be it.

Writing this book was also a personal challenge ( the 30 days thingy) which confirmed to me once and for all that you can really do whatever you set your mind to, if you really want to that is.

Couple of tips for writing a book from me:
  • write about what you are passionate about, you know more than you think.
  • free-write about the parts/chapters in the book you like the most and you are most interested in first - that will give you a great boost at the beginning - you can edit and add the boring bits later - by then most of the book will be almost there
  • keep your own voice - write as you speak so to speak ( people do need to understand you though..)
  • keep an open mind, ideas will flow into you mid-way through the project
  • a deadline and going public is good to beat procrastination ( but if that stresses you out too much don't do it) - the deadline certainly helped me.
You can do it too!!!

If anyone would like to be part of the book launch, the event is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it- I hope to meet you soon, in person or through the pages of my book.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



By The Alchemist About Town 19 Sep, 2017
The time is getting closer and closer to the release of   STOP IT, It's all in your head   my new book ( 22 September for Business Women's Day - US) .

I have now  received the proof copy of the paperback which looks absolutely fabulous: a couple of things to correct but overall I am super happy with the result.
A lot of marketing to do now between Facebook, Twitter, Instagram and Google+ ( which is PS: looking like more work than the actual writing of the book).

The book event/launch/talk is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



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