Phoenix House Ltd v Stockman UKEAT/0284/17/OO & UKEAT/0058/18/OO

Appeal by the Respondent against the ET’s finding of public interest disclosure detriment and victimisation and its determination of remedy, and cross-appeal by the Claimant relating to reinstatement or re-engagement. Appeal and cross-appeal dismissed.

The Claimant was dismissed by the Respondent, and she brought claims including unfair dismissal, whistleblowing detriment and victimisation. The ET upheld those claims (but declined to order the Claimant's reinstatement or re-engagement, as she had requested) and awarded compensation for unfair dismissal and the detriment. The Respondent appealed against the finding of whistleblowing detriment and victimisation (arguing that the ET made errors of law relating to the burden of proof and causation), and against the ET's treatment of the discovery, during the proceedings, that the Claimant had made a covert recording of a disciplinary meeting; and the Claimant cross-appealed the decision not to order reinstatement or re-engagement (arguing that the ET's conclusion was erroneous in law).

The EAT held that the ET did not err in law in its finding of whistleblowing detriment and victimisation, and it had correctly assessed the circumstances in relation to the covert recording (which had not been done with the intention of entrapment); as regards the cross-appeal, the ET applied the correct legal test and gave sufficient reasons for its decision, and was entitled to focus on the impact of the Claimant's conduct on workplace relationships.

Published: 22/07/2019 18:55

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