Tom Gibson wins in ‘whistleblowing’ employment appeal

Tom Gibson appeared recently in the Employment Appeal Tribunal in Octavian Continental Ltd v White (UKEAT 0406/12/RN) for Mr John White, the Respondent, who successfully resisted his employer’s appeal against his ‘whistleblowing’ unfair dismissal.

At first instance, the Bristol Employment Tribunal had found that Mr White – a Security Officer who had reported concerns over irregular cash handling procedures at the Swindon shopping centre and car park where he worked – was a “conscientious employee”who had taken “proper steps to report his concerns to his employers”.

Conversely, the Employment Tribunal found that Mr White’s managers had “closed minds which were fixated on finding” that Mr White was guilty of gross misconduct. The Tribunal found that Mr White’s managers had “gnored the provisions of their own Code of Conduct” on whistleblowing, and that Mr White had been “vilified, disciplined and dismissed by [Octavian] for reporting genuine concerns that something was amiss”.

Octavian’s appeal to the EAT, challenging the Employment Tribunal’s decision on grounds of perversity, was dismissed.

News 14 Feb, 2013