A claimant must have the opportunity to give direct evidence
about whether they had a subjective belief that they were acting in
the public interest when making a whistleblowing disclosure.
THE FACTS
To be protected by the whistleblowing legislation, a worker must
have made a "qualifying disclosure". This is any
disclosure of information which, in the reasonable belief of the
worker making the disclosure, is made in the public interest and
tends to show one or more of a list of acts of wrongdoing. This
list includes a concern that a person has failed, is failing or is
likely to fail to comply with any legal obligation to which they
are subject.
As we reported
here previously, Mr Ibrahim was an interpreter in a private
hospital. He asked his manager to investigate rumours circulating
among patients and their families that he was responsible for
breaches of patient confidentiality so that he could "clear
his name". He also complained that colleagues had
