Last updateTue, 24 Feb 2015 5pm

DETRIMENTAL TREATMENT: Court adopts new causal link test

09 March 2012  

Helena Davies examines the new ‘material influence’ formula applied by the Court of Appeal in a recent whistleblowing case

Protection for employees who ‘blow the whistle’ on their employer by reporting breaches of health and safety or other legal obligations is contained in the Employment Rights Act 1996 (ERA). It forms part of a group of protective measures covering detriment in employment, which also covers those exercising statutory rights such as the right to time off work and working time rights.



Additional Info

  • Case(s) Referenced:

    Arriva London South Ltd v Nicolaou [2011] UKEAT/0293/11

    Aspinall v MSI Mech Forge Ltd [2001] UKEAT/891/01

    Chief Constable of West Yorkshire Police v Khan [2001] UKHL 48

    Igen v Wong [2005] EWCA Civ 142

    London Borough of Harrow v Knight [2001] UKEAT/790/01

    Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34

    NHS Manchester v Fecitt & ors [2011] EWCA Civ 1190

Last modified on 24 June 2015