What is a disclosure?
by Philip
The Court of Appeal has handed down its decision concerning what amounts to a disclosure under the Whistleblowing legislation. The employee was a teacher who resigned after he received a formal warning from the School for hacking into the computer to expose a flaw in the security system, having obatined permission to do so in advance. The employee claimed he had suffered a detriment as a result of disclosing the employer’s breach in its data protection obligations. The Court of Appeal held “disclosure” under s43B of the ERA should be given its common meaning. This limits disclosure to the utterance of the words to the employer about the breach of their obligation but does not extend to the surrounding circumstances. The employee is seeking to appeal the decision to the House of Lords. Read Download bolton_school_v_evans.htm here.
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