The Claimant was dismissed after what he claimed to have made protected disclosures. The ET found that the Claimant had not made a protected disclosure and so could not have been dismissed because of making a protected disclosure. The ET further said that had they concluded that there was a protected disclosure they would in any event have concluded that the protected disclosure was not the reason for the claimant’s dismissal because the decision to dismiss the Claimant was made before alleged protected disclosures were made. The Claimant appealed.

The EAT allowed the appeal. They concluded that the assessment of the ET as to whether the disclosures were qualifying disclosures was wholly insufficient. There was also doubt as the timing of the decision to dismiss.