Ibrahim v HCA International Ltd (UK, 2019)

Region: Europe & Central Asia
Category: Cases, Judgements and Opinions
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Ibrahim v HCA International Limited [2019] EWCA Civ 2007

Court of Appeal (England and Wales) case looking at the public interest test in the Public Interest Disclosure Act 1998. Previous ruling in Chesterton Global Ltd & Anor v Nurmohamed & Anor [2017] EWCA Civ 979 followed. The appellant, Mr Ibrahim, a translator in a hospital, claimed he had been dismissed for complaining to management that he had been defamed – a complaint that had not been upheld by the employer following an investigation. The Court of Appeal remitted the matter back to the employment tribunal to consider whether the claimant reasonably believed the disclosure was in the public interest.  Both the subjective and objective belief in the public interest are vital ingredients to satisfy the test; crucially it also cast doubt on whether someone complaining of personal defamation can ever overcome this hurdle.