library
Employment law - burden of proof for whistleblowing victimisation claims
05 January 2012
In late 2011 the Court of Appeal found that in whistleblowing victimisation claims the law will be infringed (that is Section 47B of the Employment Rights Act 1996) if the disclosure (whistleblowing) by the employee materially influences (in the sense of being more than a trivial influence) the employer's treatment of the whilstleblower. This decision changed the burden of proof in such claims, which used to be that the employer had to show that its treatment of the worker was "in no sense whatsoever", due to the whistleblowing.
NHS Manchester v Fecitt & Others CA (Civ Div) (Mummery LJ, Elias LJ, Davis LJ) 25/10/11
Andrew Petchey, Partner, Litigation Team, Howell Jones solicitors
