Court of Appeal dismisses appeal in important whistleblowing case


The Court of Appeal has dismissed an appeal in the important whistleblowing case Chesterton Global Ltd & Anor v Nurmohamed [2017] EWCA Civ 314.

The claimant, Mr Nurmohamed, a director of the well-known estate agents, argued that his dismissal was automatically unfair under the Employment Rights Act 1996, s 103A, as it was due to a protected disclosure he had made. He succeeded before the Tribunal and the Employment Appeal Tribunal.  The issue was whether a disclosure, which was in the private interest of the worker who made it, was reasonably believed to be in the public interest because it served the interests of other workers as well. The appeal was dismissed and the Court of Appeal provided detailed guidance on the new “public interest” test in the whistleblowing provisions.

James Laddie QC (for the successful claimant), Thomas Linden QC and Thomas Kibling (for the intervener, Public Concern at Work) were involved in this case.