The Court of Appeal has recently ruled in the joint appeals of Rice v Wicked Vision Ltd and Barton Turns Developments Ltd v Treadwell (with Protect intervening) that an employee who claims they were dismissed for whistleblowing can also bring a detriment claim against their employer for the dismissal itself.
This ruling may sound technical, but its practical impact is clear: employers now face a heightened risk of dual claims arising from the same set of facts. To understand why this matters, let’s take a closer look at the background and the Court’s reasoning.
Whistleblowing occurs when an employee reports suspected wrongdoing in the workplace that they reasonably believe is in the public interest. If the disclosure meets the statutory criteria under the Employment Rights Act 1996 (ERA) and the Public Interest Disclosure Act 1998, it becomes a 'protected disclosure'. To qualify, the disclosure must contain information, relate to one of six specified types of wrongdoing (criminal offence, breach of legal obligation, danger to health and safety, environmental damage, miscarriage of justice, or deliberate concealment), and be made to an appropriate person or body.
Employees who make protected disclosures are legally safeguarded against two key forms of retaliation:
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