Court of Appeal: Whistleblowing Job Applicants Are Not Protected
In a significant ruling, the Court of Appeal confirmed that whistleblowing protections under UK Employment Law do not extend to external job applicants.
The decision, handed down in Sullivan v Isle of Wight Council, has implications for those who have spoken-out against wrongdoing and are seeking new employment.
The Whistleblowing case at a glance
Miss Sullivan applied for a role with the Isle of Wight Council and attended two interviews. She later reported that she was verbally harassed during the process and raised concerns about financial misconduct involving a council employee. She argues that these disclosures amounted to protected disclosures under whistleblowing legislation, meaning that she was afforded protection in the event that she was dismissed or subject to a detriment in consequence of having made the disclosures.
However, the Courts disagreed.
An Employment Tribunal first dismissed her claim in 2022, on the basis that she was not a worker or an employee. Miss Sullivan took the matter to the Employment Appeal Tribunal in 2024, and finally to the Court of Appeal, with support from whistleblowing charity, Protect. The Court of Appeal held firm, finding that external applicants like Miss Sullivan do not benefit from whistleblowing protections under the Employment Rights Act 1996.
What this means for Whistleblowers
If someone has previously raised legitimate concerns about wrongdoing in their workplace, they are now left unprotected, should a prospective employer reject them for that reason. In short, if you blow the whistle in one role, you could face career consequences in the next.
As Elizabeth Gardiner, Chief Executive of Protect, put it “Job applicants who blew the whistle in a former role will have no remedy if a new employer refuses their application simply because they raised concerns in the past.”
The Need for Employment Law Reform
With the Employment Rights Bill currently in development, there is now an opportunity for Parliament to address the gap. However, presently there are no plans to include this as an area for immediate reform. Extending protections to all job applicants who make protected disclosures would send a signal that the law supports those who speak up to stop harm, regardless of employment status.
Looking Ahead
For now, individuals applying for jobs after whistleblowing must be aware of the risks and the lack of legal protections in place. Employers too, should reflect on the importance of promoting a culture that values transparency and accountability.
How We Can Help
At Lawson West, we have a dedicated Employment Law team who is well-versed and experienced in Whistleblowing matters.
If you believe that you have been subjected to detriment due to making a protected disclosure, do not hesitate to contact Lawson West Solicitors. Please contact us on telephone 0116 212 1000 or alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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