Bilsbrough v Berry Marketing Services, ET/1401692/2018 (ET, 5 July 2019)
Decision of the Employment Tribunal in England and Wales confirming that Article 10 of the European Convention on Human Rights provides additional protection to existing UK whistleblowing rights (found in the Public Interest Disclosure Act 1998 ‘PIDA’). Rights extended to capture situations where employers sanction their workers because they believe the worker is considering making, or is likely to make public interest disclosures (this scenario of an ‘anticipated’ disclosure is not covered in PIDA). The claimant was suspended on the grounds that his employers believed he was researching how to raise concerns to a prescribed regulatory body. The tribunal concluded that not allowing the claimant to assert his rights under the PIDA as a perceived whistleblower would have a chilling effect on free speech and could prompt unscrupulous employers to act swiftly to punish employees and/or workers before the making of the actual disclosure. As this is decision is a first instance ruling it is not binding on higher courts.