The Employment Appeal Tribunal (EAT) has used causation in whistleblowing cases in order to aid its decision on the grievance case Fecitt & Ors v NHS Manchester.
According to the EAT - which was granted its statutory powers under part two of the Employment Tribunals Act 1996 and hears appeals regarding decisions made at tribunals between two parties - the claimants in this instance made protected disclosures which then led to a breakdown in cordial relationships between colleagues in the workplace.
The original tribunal ruled that there must be a direct causal connection between the detriments and disclosures, but it was found that the former were solely as a result of the "dysfunctional situation" in the organisation, which caused two workers to be transferred and one to be effectively dismissed by having all their shifts removed.
However, the EAT decided that a more favourable approach to causation for employees is required in such cases, meaning that employers now have to prove their treatment was "in no sense whatsoever on the ground of the protected disclosure".
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Posted by Richard Saunders