Following our article on the possible legislative developments we may expect to see in 2023, we explore the case law developments anticipated in the new year on our website.

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Claire Maclean

About Claire Maclean

Claire is experienced in advising employer clients in the public and private sectors on a wide range of contentious and non-contentious matters. Her expertise ranges from providing practical and commercial advice on all day-to-day HR queries to providing strategic advice on complex business reorganizations, redundancies and TUPE transfers. Claire has considerable experience in advising clients on all aspects of TUPE transfers, whether business transfers or changes in service provider.

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Alison Weatherhead

About Alison Weatherhead

Alison supports and advises clients on the full range of human resource queries and acts for clients in employment tribunals and judicial mediations, predominantly for employers. Her experience in tribunals includes advising on unfair dismissal, disability discrimination claims, whistleblowing claims and unlawful deductions from wages.

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Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.

By Verity Buckingham