11KBW Employment Podcast
Wicked Vision: Whistleblowing Detriment
Jun 26, 2024
Mike Lee, an expert in employment law, discusses pivotal legal concepts surrounding whistleblowing and detriment claims. He explores the Wicked Vision Ltd v Rice case, elaborating on when a whistleblower can claim detriment due to dismissal. The conversation highlights the nuances of Sections 47B and 103A of the Employment Rights Act and debates the implications of the Court of Appeal's Osipov case. Listeners gain insights into legal strategies for addressing vicarious liability and significant detriment in whistleblowing claims.
17:14
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Quick takeaways
- The EAT ruling elucidates that dismissal claims must adhere to unfair dismissal provisions instead of detriment claims under Section 47B.
- There is an emphasis on the need for strategic legal approaches in whistleblowing cases, incorporating both Section 103A and Section 47B claims.
Deep dives
Whistleblowing and Legal Framework
Whistleblowing claims are defined by the legal protections individuals have when making protected disclosures, particularly under the Employment Rights Act (ERA). The discussion revolves around two specific causes of action: automatic unfair dismissal under Section 103A and detriment claims under Section 47B. The significance of this case lies in understanding how these claims interact when the alleged detriment is a dismissal. This dichotomy creates challenges in determining the appropriate legal framework under which a claim can be successfully pursued, as each section requires different causation levels to be established.
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