Protected Disclosures: Lessons From Capeling v TFX Group Ltd

The recent Employment Appeal Tribunal (EAT) decision in Capeling v TFX Group Ltd is a useful reminder of when disclosures will qualify for whistleblower protection. In this case, the EAT held that a general, unexplained assertion that there was a health and safety risk to patients did not amount to a protected disclosure.

A protected disclosure is a disclosure of information that, in the reasonable belief of the worker making it, is made in the public interest and tends to show one of six specified wrongdoings, including a breach of any legal obligations, that there is a danger to health and safety or concealment of such matters (Section 43B Employment Rights Act 1996). Case law has established that there must be sufficient factual content to the disclosure. Vague allegations or expressions of concern will not be protected.