Commentary

A. Qualifying disclosure generally

Division CIII Whistleblowing
| Commentary

A. Qualifying disclosure generally

| Commentary

5.     Qualifying disclosure

Contributing Editor

IAN SMITH MA, LLB

of Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East Anglia

A.     Qualifying disclosure generally

Once a disclosure has taken place it becomes necessary to consider whether or not that disclosure can be categorised as a qualifying disclosure. As will be seen below, this largely depends upon the nature of the information revealed. However, before coming to such detailed considerations, one point of procedure in an ET should be noted, namely that in adjudicating on the question of whether there was a protected disclosure the ET should take a structured approach, making it clear that it has considered all of the necessary elements. This was emphasised particularly in Martin v London Borough of Southwark EA-2020-000432 (previously

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