0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Stop banging on…

17 April 2014

It can be frustrating when an employee raises a concern but continues to dogmatically pursue it even when the matter has concluded. But if the employee was ‘blowing the whistle’ any disciplinary action taken as a result could result in a detriment claim under section 47B of the Employment Rights Act 1996.

This was exactly the case in Panayiotou v Kernaghan. The Tribunal found that the claimant had raised a protected disclosure but would not accept any answer and continued to pursue the matter. As a result, the claimant became unmanageable and was dismissed. However, the Employment Appeal Tribunal held that the reason for the dismissal was the manner in which the claimant had pursued his complaints and that this was distinct from the protected disclosure. Therefore his claim failed.

The lesson to be learnt is that if you are disciplining an employee in these circumstances make it clear it is the manner of the disclosure, and not the disclosure itself, that is the act of misconduct.

Related opinions

Symptoms of menopause can constitute a disability

The Employment Appeal Tribunal (EAT) recently found that an employment tribunal was wrong to strike out a claim on grounds that menopausal symptoms did not amount to a disability under the Equality Act 2010 (Rooney v Leicester City Council).

View blog

Employment Appeal Tribunal rules no entitlement to pay for zero-hour worker during a period of suspension

In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.

View blog

Flexible working and leave for carers

The Government has launched a consultation today on potential changes to the statutory flexible working regime.

View blog

World Patient Safety Day 2021 - safe maternal and newborn care

Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up