Labour & European Law Review
04 May 2016
The Industrial Law Society has announced that it is holding its spring conference on Saturday 14 May on the very topical theme of EU law and Brexit.
Under the law on whistleblowing, claimants have to show that they have a “reasonable belief” that the disclosure falls within one of the definitions of a qualifying disclosure. In Kilraine v LB of Wandsworth, the Employment Appeal Tribunal (EAT) held that the issue for tribunals to consider is not whether a given phrase or paragraph constitutes information or an allegation, but whether it is a disclosure of information.
If an employer unfairly dismisses an employee without following a fair procedure , tribunals can reduce the claimant’s award of compensation (known as a Polkey award) if they think the employee would still have been dismissed. In Kapoor v Balfour Beatty Group Employment Ltd, the Employment Appeal Tribunal (EAT) held that, in a capability case, the tribunal could take the claimant’s conduct into account when deciding whether to make a Polkey reduction.