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
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial