Wednesday 21 July 2004

Whistleblowing

[Thanks to Colin Bourne of York Chambers, Counsel for the Respondent, for telling me this decision was being handed down today]

The Court of Appeal has, this morning, handed down its decision in Street v Derbyshire Unemployed Workers' Centre.

Affirming the EAT's decision, the Court of Appeal said that the requirement that a protected disclosure be made in 'good faith' meant that the predominant motive of the person disclosing information must be "to remedy the wrong that has occurred" (para. 71). The Court recognised that whistleblowers often have mixed motives, and it is only when the "dominant or predominant motive for making [the disclosure] was for some ulterior motive" (para. 56) that the disclosure ceases to be in good faith.

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