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ARTICLE · 11 OCTOBER 2019

Reasonable Belief And Whistleblowing Claims

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The public interest test was introduced as an additional requirement for whistleblowing protection in 2013

United KingdomEmployment and HR

Background to reasonable belief in the public interest

The public interest test was introduced as an additional requirement for whistleblowing protection in 2013. In order to be considered a protected disclosure, and benefit from protection under the whistleblowing legislation, the worker blowing the whistle must reasonably believe that his/her disclosure is in the public interest. This test was considered by the Court of Appeal in Chesterton Global Ltd (t/a Chestertons) v. Nurmohamed. Essentially, the court concluded that even if the public interest is not the worker's predominant (or any part of their) motive for making a disclosure, he or she can still be protected. This case also made it clear that disclosures relating to a worker's own contract could still potentially be protected.

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