Originally published May 2010
Whistleblower Can Rely on Disclosure Made in Previous
Employment
The EAT in BP PLC v Elstone upheld a tribunal decision that a
worker could bring a claim against his new employer based on a
disclosure he had made whilst employed by a previous employer.
In this case, Mr Elstone had worked for two years as an employee
for Petrotechnics until his dismissal for gross misconduct. He was
dismissed for making disclosures about safety concerns to one of
Petrotechnic's clients, BP plc (for whom he had previously
worked for 25 years). He was offered work as a consultant by BP
after his dismissal. A further contract was refused as BP had by
then been advised by Petrotechnics that Mr Elstone had been
dismissed for disclosing confidential information. Mr Elstone
brought a claim under the whistleblowing legislation against BP
alleging that he had been subjected to a detriment for having made
a protected disclosure. The EAT, considering a point of
