In the case of Capeling v TFX Group Ltd, the claimant was employed by a medical device manufacturer as a National Sales Manager. She was dismissed during her probationary period after less than six months’ service, with the employer citing poor performance.
Because the claimant did not have the qualifying service required for an ordinary unfair dismissal claim, she instead alleged that she had been automatically unfairly dismissed and subjected to detriment for whistleblowing.
To qualify for whistleblowing protection, a worker must make a “protected disclosure”. Broadly speaking, this means disclosing information which they reasonably believe tends to show wrongdoing such as breaches of legal obligations, health and safety risks, or the concealment of such matters. Importantly, there must generally be sufficient factual content to the disclosure, rather than a vague allegation or expression of concern.
The claimant relied on three alleged disclosures. The appeal concerned only the third alleged disclosure, which related to concerns that some dispensing appliance contractors did not have written contracts in place with the respondent.
The claimant alleged that she had informed management that the absence of these contracts was putting patient health and safety at risk and that the issue had been or was likely to be deliberately concealed.
The Employment Appeal Tribunal dismissed the appeal and upheld the Tribunal’s conclusion that the disclosure was...
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