Ignorance of whistleblowing no excuse for unfair dismissal

A Royal Mail employee has been found to be unfairly dismissed for whistleblowing, even though her 'dismissing manager' was unaware of the whistleblowing.

In the case, the employee made a number of ‘protected disclosures’ (AKA blew the whistle), only to be asked by her manager to retract her allegations. She was then mistreated and offered a termination package, which she refused.

An investigating manager was appointed to review her case. However, information concerning the whistleblowing was intentionally omitted by her previous manager, leading the employee being dismissed for poor performance.

In stating that the dismissal was unfair because it was taken in ignorance of the circumstances, the Employment Appeals Tribunal implied that managers involved in disciplinary action need to conduct accurate investigations before taking any decision.

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David is the Editor of Legal Brief and Law Hackers. He writes on the intersection of law, technology and startups, covering the issues the make (and break) business models.
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