06 April 2010 #Employment
The EAT has held in the case of BP plc v Elstone, that a worker, in bringing a claim for whistle-blowing against its current employer, need not have been employed by them at the time of making the protected disclosure.
The employee left BP and joined P Ltd, which had contracts with BP. Whilst employed by P Ltd, the employee made a number of disclosures to BP concerning health and safety issues on the BP contracts with which he was involved. The employee was subsequently dismissed by P Ltd for disclosing confidential information. A few days later the employee carried out work for BP on a consultancy basis, and during discussions with BP regarding further consultancy work, he was told that he would no longer be required as BP had become aware of his dismissal for disclosing confidential information. The employee subsequently brought a whistle-blowing claim against BP.
Whilst a worker must be in employment at the date of making the disclosure, the employment need not be with the same employer that subjects him to the detriment.