No protection for Whistleblowing Job Applicants – What you need to know...
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 Isel of Wright Council, has implications for those who have spoken out against wrongdoing and are seeking new employment.
The case at a glance:
Miss Sullivan applied for a role with the Isle of Wright 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 reform
With the Employment Rights Bill currently in development, there is now an opportunity for Parliament to address the gap. However. presently there are now 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 can we help?
If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
View all
