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Mr Nurmohamed told senior managers he believed his employer had deliberately misstated £2-3 million of costs and liabilities, affecting the earnings of 100 senior managers, including himself. The Employment Appeal Tribunal (EAT) upheld his automatic unfair dismissal claim – the disclosure was in the interests of the 100 senior managers, which was a sufficient group of the public for the matter to be in the public interest.
The EAT upheld the decision – the question is whether the worker reasonably believes it is in the public interest. The test ensures that workers do not try to rely solely on breaches of their own employment contract which has no wider public interest implications. The tribunal was satisfied Mr N had the 100 senior managers in mind and was entitled to conclude that a section of the public was affected.
This is the first EAT decision on the ‘public interest test’ since it was added into whistleblowing provisions, giving a useful indication of how tribunals will determine the test moving forwards.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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In one of the first group equal pay claims in the private sector, the Employment Tribunal has determined that over 7,000 ASDA store workers (predominantly female) are able to compare themselves to distribution workers (predominantly male).
The long awaited judgment from the Court of Appeal (CA) in the case of British Gas Trading Limited v Lock & ors has now been published.
Senior Associate
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