Whistle blowers
‘(I)n each of the instances identified in the six subsections (of section 43(b)(1) of the Employment Rights Act 1996), the whistle-blower has to establish a reasonable belief that the information being disclosed "tends to show" one or more of the situations identified in section 43B(1)(a) to (f).’ Per Wall LJ in Babula v Waltham Forest College [2007] EWCA Civ 174. ‘(The case of) Darnton v University of Surrey [2003] IRLR 133 seems to me clear authority for the proposition that whilst an employee claiming the protection of ERA 1996, section 43(1) must have a reasonable belief that the information he is disclosing tends to show one of more of the matters listed in section 43B(1)(a) to (f), there is no requirement upon him to demonstrate that his belief is factually correct; or, to put the matter slightly differently, his belief may still be reasonable even though it turns out to be wrong. Furthermore, whether or not the employee's belief was reasonably held is a matter for the Tribunal to determine.’ Per Wall LJ in Babula v Waltham Forest College [2007] EWCA Civ 174.
Categories: Chapter 5, Updates