Mr P Watson v 1) Hilary Meredith Solicitors Ltd 2) Ms H Meredith UKEAT/0092/20/BA (V)

JurisdictionUK Non-devolved
JudgeMr Justice Cavanagh
Subject MatterNot landmark
Published date29 April 2021
Copyright 2021
Appeal No. UKEAT/0092/20/BA (V)
EMPLOYMENT APPEAL TRIBUNAL
ROLLS BUILDING, 7 ROLLS BUILDINGS, FETTER LANE, LONDON, EC4A 1NL
At the Tribunal
On 10 March 2021
Before
THE HONOURABLE MR JUSTICE CAVANAGH
(SITTING ALONE)
MR P WATSON APPELLANT
(1) HILARY MEREDITH SOLICITORS LIMITED
(2) MS H MEREDITH RESPONDENTS
Transcript of Proceedings
JUDGMENT
UKEAT/0092/20/BA
APPEARANCES
For the Appellant MR NATHAN ROBERTS
(of Counsel)
Instructed by:
Slater and Gordon UK Limited
Haywood House North
Dumfries Place
Cardiff
CF10 3GA
For the Respondents MR STEFAN-BROCHWICZ-
LEWINSKI
(of Counsel)
Instructed by:
Weightmans LLP
No1 Spinningfields
Hardman Square
Manchester
M3 3EB
UKEAT/0092/20/BA
SUMMARY
PRACTICE & PROCEDURE
WHISTLEBLOWING, PROCTECTED DISCLOSURES
The Employment Tribunal was entitled to dismiss the Appellant’s “protected disclosure” claim
on the basis that the Respondents’ decision to subject him t o detriment in the form of dismissal
was not materially influenced by his prot ected d isclosures, but was influenced entirely by his
behaviour following the disclosures, and specifically his decision to resign rather than to stay on
to help the Respondents resolve their difficulties. The Employment Tribunal was entitled to find
that this behaviour was separate and distinct from the protected disclosures themselves.
The Employment Tribunal did not misdirect itself or reach a perverse conclusion in deciding the
scope of the waiver of privilege by the Respondents. The Tribunal was ent itled to find that the
Respondents had waived privilege on in relation to the issues of the reason for the App ellant’s
dismissal, and the timing of the decision to dismiss the Appellant.
The leading authorities on waiver of privilege are considered in the judgment.

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