The Legal Implications of Whistleblowing and Protected Disclosures in Local Authority Job Applications

In a recent case before the Employment Appeal Tribunal (EAT), the issue of whether local authority job applicants are protected under whistleblowing laws was brought into question. The case, Sullivan v Isle of Wight Council, centered around a claimant who had raised concerns about alleged financial irregularities within an external charitable trust involving a member of her interview panel. The claimant believed she had suffered a detriment due to her whistleblowing activities.

The claimant argued that she should be protected under the Employment Rights Act 1996 (ERA) as a job applicant, similar to protections afforded to NHS job applicants. However, the EAT ultimately dismissed the appeal, stating that the claimant’s contentions on convention rights would require an amendment to the ERA, which is a matter for parliament to decide.

The case raises important questions about the scope of whistleblowing protections for job applicants and the balance between freedom of expression and discrimination. It also highlights the need for clarity and consistency in the application of whistleblowing laws across different sectors. As the legal landscape continues to evolve, it is crucial for both employers and employees to understand their rights and obligations when it comes to whistleblowing.