Rogers & Norton News

Post-employment Whistleblowing – Onyango v Berkeley Solicitors

Wednesday, March 20, 2013

Mr Onyango made a protected disclosure (often known as ‘whistleblowing disclosure’) after leaving his job at a firm of solicitors. When he was then investigated by the Solicitors Regulation Authority following allegations of forgery and dishonesty, he claimed that the allegations had been made because of his protected disclosure.

The employment tribunal held that because he had made the disclosure after his employment had ended, and not during it, he was not covered by whistleblowing laws and his claim could not be heard.

The Employment Appeal Tribunal (EAT) overturned that decision. Whistleblowing protection is not limited to disclosures made during the relevant employment, the EAT said. So tribunals can hear claims that relate to alleged detriments suffered because of protected disclosures made after employment ends.