Police Law Blog European Decisions Statutory Materials

Motivation in whistleblowing, and dismissal

The Claimant, a senior officer, brought Employment Tribunal proceedings seeking substantial compensation from a Police Force which they alleged had discriminated against them on the grounds that they were gay, victimised them and treated them unfavourably because they were a whistleblower. All the claims were dismissed on 22nd February 2016. The ET anonymised the names of the parties in order to protect their identities.

The thrust of the Claimant’s claims before the ET were that the Force investigated them, brought misconduct proceedings and intended on sending a harmful reference to their new employer because they had made allegations discrimination, had “blown the whistle” and was gay. As a result of their alleged treatment, the Claimant resigned, claiming automatically unfair constructive dismissal (under s.103A ERA).