Whistleblowing Protection Extends to Breach of Employment Contract

In a recent case, the Employment Appeal Tribunal (EAT) held that the Public Interest Disclosure Act 1998 protects a whistleblower complaining of a breach of his employment contract. This means that an employee who does not have one year’s service can bring a claim of automatically unfair dismissal if dismissed for complaining of breach of contract.

In the case Parkins –v- Sodexho Ltd, Mr Parkins had been employed by Sodexho Ltd for just under four months before his summary dismissal. Parkins had complained to management about the lack of supervision when operating machinery, which he believed was a matter of health and safety and also a breach of his employment contract. Mr Parkins claimed that he was dismissed for having raised a matter of health and safety and having made a protected disclosure and that, therefore, he was entitled to claim automatically unfair dismissal, notwithstanding the length of his employment.

The EAT reversed the decision of the employment tribunal that the disclosure by Parkins to his employer of a breach of his employment contract could not qualify for protection against dismissal under S.43B of the Employment Rights Act 1996.

The relevant statutory provisions state that where a worker makes a disclosure that concerns specified subject matters, and this disclosure is made in accordance with specified procedures, he or she is protected against dismissal or other detriment.
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