In order to establish that Mrs Capeling had made a qualifying disclosure she was required to show she had a genuine belief that the health and safety of any individual had been, was being or was likely to be endangered and that it was reasonable for her to hold that belief.
The Employment Lawyers Association has called for urgent and wide‑ranging reforms to the employment tribunal system, warning that delays are undermining access to justice for workers and employers alike amid a growing backlog of cases.