Employment law expert Ian Jones looks at a case that should sound an alert for companies looking to dismiss staff for spurious reasons, especially in the context of whistleblowing. This article was first published in Personnel Today on 9 December.
In a whistleblowing case which proceeded through all four tiers of our civil justice system, the Supreme Court has considered whether, in a claim for automatic unfair dismissal, a manager’s disguised reason for dismissal could be considered by the employment tribunal rather than the reason of the appointed decision-maker, who was unaware of the background.
In determining this, the court concluded that, given the particular facts, the employer could be held liable for automatic unfair dismissal following the employee’s previous protected disclosures (whistleblowing), despite the fact that the dismissing manager was unaware of those disclosures.
The case is significant because there have been some conflicting comments in previous Court of Appeal decisions about whether it is only the facts known to the decision-maker that are relevant.
Click here to read the full article.
Contact us for expert advice on whistleblowing issues and employment tribunals.
Explore more insights
Newsletters 16 July
Employment law newsletter – Summer 2026
The latest Employment Law news in our Summer 2026 newsletter includes the Code of Practice for services, public…
Articles 15 July
When the computer says no: AI and ‘meaningful human involvement’ in recruitment
Care is needed by employers using AI in recruitment. What do data controllers need to do, what constitutes…
Articles 14 July
Zero-hours contract reforms: Government launches consultation
The Employment Rights Act 2025 introduces major reforms to zero and low-hours contracts which are expected to take…

