2024 has been a fruitful year in the UK for whistleblowing law so far, with three key cases employers should be aware of:

Can an external job applicant qualify as a whistleblower?

One of the very first questions to ask when presented with a whistleblowing claim in the UK is whether the person who made the disclosure was entitled to protection. The Employment Rights Act 1996 protects employees from dismissal, and protects employees and workers from detriment, for having made protected disclosures. But does it cover job applicants?

In Sullivan v Isle of Wight Council, the claimant had applied for a role with the Council but was unsuccessful. About three months later, she made an unrelated complaint to the Council about alleged financial misconduct by one of her interviewers, which was rejected and the claimant was denied a right of appeal. The claimant said that her being denied an appeal amounted to a detriment because of her alleged protected disclosure.

The Tribunal dismissed her claim, as:

• “Worker” includes those who have or had a contract of employment or a contract under which they are personally required to work for the employer, and external job applicants do not have such a contract. Although an extended definition of “worker” applies for these purposes (which includes non-employees undergoing training, certain self-employed health practitioners and agency workers), the claimant did not fall under this extended definition.
• Parliament had clearly intended to...

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