Commentary

F. Timing of whistleblowing disclosure

Division CIII Whistleblowing
| Commentary

F. Timing of whistleblowing disclosure

| Commentary

F.     Timing of whistleblowing disclosure

The second point of detail concerns timing. Obviously, most cases will involve a disclosure made during the course of the whistleblower's employment relating to events occurring during that employment. However, there have been two potentially significant extensions of that normal position. Firstly, in Onyango v Berkeley Solicitors [2013] IRLR 338 the EAT under Judge Clark held (on a preliminary point of law) that if necessary the legislative protection can apply to a disclosure made after termination of the employment. The employee's employment had ended on 5 June 2010 but in

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