Avril England explores the tests tribunals apply when deciding whether a disclosure is protected
Employees and workers are protected from dismissal and detrimental treatment for making protected disclosures, also known as whistleblowing, under the Employment Rights Act 1996. In Bibescu v Clare Jenner t/a Jenner’s, the Employment Appeal Tribunal (EAT) had to consider whether the original tribunal hearing was right to conclude that disclosures made by the claimant were not protected.
Elena Bibescu started working for Jenner’s, an accountancy firm, in 2018. Clare Jenner, Jenner’s principal, sent an email to Bibescu in August 2019 raising concerns about the quality of her work. Jenner discussed these issues with others in the business, including a sub-contractor called Richard Grimes. Jenner asked Grimes to ‘peer review’ Bibescu’s work. Bibescu was given a verbal warning in May 2020 for substandard work.
In June 2020, Bibescu checked Grimes’ records on Companies House and discovered that, while he was disqualified from being a company director, he still appeared as a director of a company associated with his wife. She also established that Grimes was not a member of the Association of Chartered Certified Accountants. Bibescu raised these concerns with Jenner’s.
Bibescu continued to make mistakes in her work and, on 11 June 2020, she was dismissed because of her performance and her inability to work with Grimes. Bibescu argued that the information disclosed regarding...
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