In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers.

1. In Chase v Northern Housing Consortium Ltd and another, the Employment Appeal Tribunal (“EAT”) ruled that disclosures made to an external investigator appointed by the employer can qualify as a protected disclosure.

What led to the dispute, and why is the outcome significant for employers?

• Mrs Chase was the Procurement Director at Northern Housing Consortium Ltd (“NHCL”), where she raised concerns about NHCL’s financial practices and the misuse of taxpayer money.
• NHCL commissioned external auditors to investigate the issue, but the auditors found no instances of wrongdoing. Mrs Chase claimed that evidence was withheld from the auditors during the investigation and subsequently resigned from her role.
• Mrs Chase brought a claim against NHCL, alleging that she was subjected to detriment and hostile treatment after raising concerns of wrongdoing. Mrs Chase claimed that she had been constructively dismissed on the basis that she made protected disclosures.
• The EAT considered whether such disclosures to an external investigator are protected, and ultimately overturned the Employment Tribunal’s judgment, finding that a disclosure to an external auditor did qualify for protection.
• In making its decision, the EAT commented that the whistleblowing protection regime would be undermined if employers could simply avoid it by externalising...

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