Court of Appeal clarifies causation test in whistleblowing cases

 

26th October 2011

In the case of Manchester NHS Trust v Fecitt & Ors in which James Boyd was led in the Court of Appeal, clarification was provided as to the correct causation test for whistleblowing detriments pursuant to section 47B of the Employment Rights Act 1996. In particular, section 47B will be infringed if the protected disclosure materially influences the employer’s treatment of the whistleblower. The Court of Appeal also held that employers could not be vicariously liable for the acts of employees pursuant to the whistleblowing legislation, thus overruling previous EAT case law.