Chesterton Global Ltd & Anor v Nurmohamed & Anor [2017] EWCA Civ 979
Leading Court of Appeal (England and Wales) case on the ‘public interest’ test to be found in the Public Interest Disclosure Act 1998. The respondent, Mr Nurmohamed, made a disclosure to his employers concerning alleged accounting irregularities which had a direct impact on his bonus, and that of another hundred fellow employees. The court considered whether the private interests of the Claimant and his co-workers – but not any wider public interest – could be covered by the new test inserted into the legislation in 2013. It found in the Claimant’s favour. The court provided guidance for considering whether the public interest is engaged emphasising that all the circumstances of each case should be considered and that it is the character of the interest served rather than the number of people sharing it that is most relevant. Factors to be considered include: 1) the number of employees affected 2) the nature of interests affected 3) the nature of the wrongdoing 4) the identity of the wrongdoer.