Commentary

C. The reaction against Cavendish

Division CIII Whistleblowing
| Commentary

C. The reaction against Cavendish

| Commentary

C.     The reaction against Cavendish

There has, however, been a reaction against the strictness of the Cavendish approach. In Western Union Payment Services UK Ltd v Anastasiou UKEAT/0135/13 (21 February 2014, unreported) Judge Eady, following and applying the Cavendish distinction between information on the one hand and the making of an allegation or statement of position on the other, commented that 'the distinction can be a fine one to draw and one can envisage circumstances in which the statement of a position could involve the disclosure of information, and vice versa. The assessment as to whether there has been a disclosure of information in a particular case will always be fact-sensitive.'

This comment was made in the context of one of two possible qualifications (or at least explanations) of the basic Cavendish

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