23 April 2010 #Employment
It has been established in the case of Goode v Marks & Spencer that an expression of an employer`s opinion about a proposal, after consultation, does not amount to a qualifying disclosure.
In this case, the employee overheard colleagues discussing the possibility of potential changes to the employer`s discretionary enhanced terms of redundancy. It transpired that the employer had been in contact with the staff representative body consulting on various proposals which would result in changes to the discretionary enhanced redundancy terms.
The employee had disclosed the information to his line manager, the Times newspaper and in completion of a survey had argued that the disclosures should have been protected, which would make his subsequent dismissal automatically unfair.
The Court of Appeal held that no person could reasonably conclude that the disclosures made would indicate that the employer would be likely to fail to comply with any legal obligation. The employee was therefore not entitled to protection in respect of the disclosure.