Cloisters members appear in significant Supreme Court whistleblowing appeal

Image of Schona Jolly KC, Dee Masters, Chris Milsom and Imogen Brown

Several members of Cloisters Chambers appeared before the Supreme Court yesterday in the significant whistleblowing appeals of Rice v Wicked Vision Limited and Barton Turns Developments Limited v Treadwell.

The appeals raise important issues concerning whistleblowing protection under the Employment Rights Act 1996, and in particular the liability of co-workers (and the vicarious liability of employers) for the detriment of dismissal.

The Supreme Court is considering whether section 47B(2) of the Employment Rights Act 1996 prevents an employee from bringing a whistleblowing detriment claim against a co-worker and/or employer where the alleged detriment amounts to dismissal. The appeals also revisit the controversial Court of Appeal authority in Timis v Osipov and broader questions surrounding personal liability in whistleblowing dismissals.

Schona Jolly KC, Dee Masters and Imogen Brown acted for Protect as the intervener in both linked appeals. Chris Milsom acted as junior counsel for the Claimant in Wicked Vision v Rice.

The appeals are expected to be of considerable interest to employment practitioners, employers, trade unions and whistleblowing specialists given their potential implications for dismissal-related detriment claims, employer liability, and the future interpretation of whistleblowing protections.

Further information regarding the appeals can be found here: UK Supreme Court case page