Causation & Liability in Victimisation & Whistleblowing Claims, Trinity Barrister, Helen Hogben

Contributing to Trinity Chambers’ recent Employment Law Conference, specialist Employment and Discrimination barrister, Helen Hogben delivered a talk entitled: ‘From Iago to Banquo’s Ghost’ - Causation & Liability in Victimisation & Whistleblowing Claims Helen’s session is an update on the latest developments in the law on causation and liability in victimisation and whistleblowing claims, with a particular focus on liability in ‘tainted information’ cases. During the session, Helen highlights the similarities between the concepts of victimisation under the Equality Act 2010 and protected disclosure detriment/dismissal under the Employment Rights Act 1996. There are still differences between the primary legislation governing these two concepts and over recent years, the Courts and Tribunals have struggled with the extent to which it is proper to use case law authorities on victimisation/direct discrimination when interpreting whistleblowing provisions in the Employment Rights Act and vice-versa. Exploring this further, Helen’s talk covers the following topics and cases: Whistleblowing Dismissals/Detriment Victimisation Employment Rights Act 1996 Enterprise & Regulatory Reform Act 2013 Equality Act 2010 Timis v Osipov [2019] Woodward v Abbey National plc [2006] Kuzel v Roche Products Ltd [2008] Reynolds v CLFIS (UK) Ltd [2015] Royal Mail v Jhuti [2020] Alcedo Orange Ltd v Ferridge-Gunn [2023] Nicol v World Travel and Tourism Council [2024] EAT 42 William v Lewisham and Greenwich NHS Trust [2024] Malik v Centros Securities plc EAT/0100/17 First Greater Western Ltd v Moussa [2024] There is a handout that accompanies the session. If you do not have a copy and would like one, please email josh@trinitychambers.co.uk. This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query. #EmploymentLaw #EmploymentTribunal #Discrimination #EqualityAct #EnterpriseRegulatoryReformAct #Whistleblowing #Dismissals #Detriment #Victimisation #CPD #Solicitors #Barristers #Lawyers #TrinityChambers