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Northern Ireland
Niekrash v South London Healthcare NHS Trust [2012] UKEAT/0252/11/JOJ
Decision Number: Legal Body: ukeat
Published on: 09/03/2012
Issues Covered:
Discrimination Whistleblowing (Protected Disclosures)
Article Authors The main content of this article was provided by the following authors.
Background This was an appeal against the EAT‟s refusal to make an award of aggravated damages after the claimant was found to have suffered detriment after being excluded from his work as a hospital consultant urologist The appeal was dismissed.The claimant raised complaints and concerns that amounted to a series of protected disclosures for the purpose of the whistleblowing provisions of the ERA 1996. It was common ground that he had acted in good faith in making these disclosures. He was awarded sums for non-pecuniary losses and loss of income, but the Tribunal rejected the claims for aggravated and exemplary damages. The claimant appealed.The EAT rejected his appeal, saying that the ET was only required to consider such factors in support of the claim for aggravated damages as were argued before it, and not to tr awl through the evidence to consider points not made to it in argument. In any event, the EAT had correctly applied Commissioner of Police of the Metropolis v Shaw.http://bit.ly/zBMtle

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 09/03/2012
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