Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73

Appeal against the EAT’s dismissal of the Appellant’s claims of detriment as a result of his whistleblowing activities, and race discrimination. Appeal dismissed.

The Appellant, a paediatric surgeon, worked for the Respondent; he was highly critical of the Respondent's management and, following his resignation, he lodged claims with the ET alleging that he has suffered a number of detriments as a result of his legitimate whistleblowing activities, and race discrimination. The ET held that the Appellant was an unreliable witness and had failed to make good any of his claims; on appeal, the EAT concluded that there was no material misdirection or other error of law by the ET and that it had reached conclusions which were properly supported by the evidence. The Appellant appealed.

The Court of Appeal held that the Appellant had suffered detriment, but not as a result of having made protected disclosures: the Respondent's objective had been to nullify the adverse and, in part at least, misleading information which the Appellant had chosen to put in the public domain; and, insofar as the Appellant was adversely affected as a consequence, it was not because he was in the direct line of fire. Further, the ET had made appropriate and relevant findings based on the evidence before it, and these justified the conclusion that there was no race discrimination.

Published: 04/02/2020 16:51