In this whistleblowing case a policeman, with a legitimate complaint, took things too far and was not dismissed for a protected disclosure but because he became unmanageable. In 2000-02 Mr Panayiotou made protected disclosures to senior officers concerning the attitude of certain officers in respect of the treatment of race and the treatment of victims of rape, child abuse and domestic violence. There was an investigation and Mr Panayiotou was found to be largely correct in his concerns. So far, so protected.

Prior to the disclosures, Mr Panayiotou applied for and was granted permission to be associated with his wife's hospitality businesses. Some three or four years after the protected disclosures the police force revoked, refused, or would not consider, applications for permission for Mr Panayiotou to be involved in his wife's businesses. He had been off sick and the force believed he had been working in the business. Surveillance was set up, although the tribunal later concluded the officers conducting it were not impartial.

Neither side comes out of this covered in glory. The claimant was arrested at his house. An investigation took statements from some 44 witnesses. Mr Panayiotou was eventually dismissed on 15 February 2008, even though he had been medically approved for ill-health early retirement on 23rd January 2008.

The tribunal concluded, "It was the actions taken by the claimant subsequent to the disclosures which were the reasons why the Force were hostile to him. Certainly we think they were hostile to him. In addition, there was an exasperation that the claimant had worked so little in the years he had been with them, while seeking to be involved with family businesses while (mostly) being paid for (not) being a police officer."

The EAT concluded that the tribunal had been correct in its analysis and that the protected disclosures themselves could be differentiated from the subsequent events, including his dismissal, to the extent that one was not the cause of the other and the claimant's appeal failed.

Practical lessons from this decision

This case could have gone either way and the employer might be considered lucky. ‘Success’ came after an incredible amount of time and lengthy (and costly) investigations. As we indicate above - whistleblowing is an extremely complex area of law – with particularly drastic consequences for employers. Always take legal advice if whistleblowing allegations are involved.

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