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Whistleblowing: refinements to the qualifying disclosure test (Twist DX and ors v (1) Armes (2) Kent-Armes)

Published on: 10 March 2021
Published by: LexisPSL
  • Whistleblowing: refinements to the qualifying disclosure test (Twist DX and ors v (1) Armes (2) Kent-Armes)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts and decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: When deciding whether a disclosure is a qualifying disclosure, to determine whether, potentially, it may acquire whistleblowing protection, (1) it will often be necessary to look at evidence of the context in which it was made rather than simply at the words it contained, and (2) it is not necessary for the disclosure expressly to identify the specific type of wrongdoing, within the categories set out in the statute, that is pertinent to the disclosure, according to the EAT. or take a trial to read the full analysis.

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