The ET held that two emails sent by the Claimant to the Respondent were not protected disclosures within the meaning of the ERA 1996 s43B(1). Those conclusions led to the dismissal of her claims against the Respondent of being subjected to detriments on the ground that she had made such protected disclosures and automatic unfair dismissal for whistleblowing. The ET held that the Claimant had been unfairly dismissed. They dismissed her claims for detriment and unfair dismissal in relation to Health and Safety. The Claimant appealed.

The EAT allowd the appeal. The ET did not consider the claim that the email was a protected disclosure in relation to alleged breach of the WTR under ERA s43B(1)(b). They considered the claim in relation to the WTR under section 45(1)(f). There are material differences in the matters to be established in each claim.