In Abertawe Bro Morgannwg University Health Board v Ferguson, the EAT held that, in the context of a claim for detriment as a result of whistleblowing, ‘subjecting’ a person to detriment encompasses both direct acts and deliberate omissions to act.

The EAT also held that an allegation of deliberate failure to act must be seen in the context of the employer’s statutory and contractual powers. In the instant case, this required a full examination of the facts. Thus, the tribunal had been correct to refuse an application to strike out the claims in advance of hearing evidence of the detailed factual circumstances, evidence of the contract between the Board and the doctor, and being assured evidentially or by agreement of the statutory powers and functions of the Board. http://bit.ly/14d7kHF