From very early on in their employment the Claimants expressed serious concerns about practices and procedures in the OH Department where they worked. The Claimants specified the dates and content of each disclosure. By a majority the complaints of whistleblowing and constructive unfair dismissal were dismissed by the ET and the Claimants appealed.

The EAT allowed the appeal. The Employment Tribunal erred in their approach to whether admitted detriments were done on the grounds of admitted protected disclosures within the meaning of section 47B of the Employment Rights Act 1996. They failed to apply the approach explained in Fecitt v NHS Manchester [2012] IRLR 64 of deciding whether the protected disclosure materially influenced the related detriment. Further the Employment Tribunal erred in adopting a 'rolled up' approach to the disclosures and failed to make findings of fact in relation to each. These errors also affected their decisions to dismiss the constructive and automatically unfair dismissal claims.