Friday 8 April 2016

Protected Disclosure - Information v Allegation

Does the distinction between 'information' (which can be a qualifying disclosure) v an 'allegation' (which cannot) remain good law?

No, held the Employment Appeal Tribunal in Kilraine v London Borough of Wandsworth.

The Claimant, an Education Achievement Project Manager, complained that the Respondent was failing in its legal obligations in respect of bullying and harassment, and that her line manager had not supported her when she, the Claimant, had raised a safeguarding issue in relation to a school.

The employment tribunal found that they were allegations, and not disclosures of information, in accordance with Cavendish Munro v Geldud. Although agreeing on the facts of the case, the EAT disagreed with that as a general principle of law. It considered the distinction between 'allegation' and 'information' to be a false dichotomy, and that often something could be both - see para. 30 of the judgment.

No comments: