Kealy v Westfield Community Development Association [2023] EAT 96

Appeal against ET's decision to dismiss claims involving alleged protected disclosures

The claimant worked for a charity operating a large community centre providing educational services including a nursery. She asserted she made protected disclosures relating to, among other things, spending and a breakdown in the heating which she thought was potentially harmful to health and safety. Some of the disclosures were made to Ofsted. As a result of the disclosures she suffered detriments and resigned, started these proceedings but the tribunal dismissed the claims.

In the judgment, HHJ Tayler begins by stating the case "demonstrates the vital importance of structured decision making, particularly when dealing with protected disclosure claims." He then summarises the relevant provisions and cases relating to protected disclosure detriment before analysing the tribunal's reasoning. He finds a number of non-sequiturs and finds the reasoning to be not Meek compliant so he remits the case for a full rehearing.

https://caselaw.nationalarchives.gov.uk/eat/2023/96

Published: 11/08/2023 14:56

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