Settlement agreements and whistleblowing

Whistleblowing is a common term for the principle of a protected disclosure.

Settlements agreements are sometimes offered after whistleblowing has occurred in employment.

A protected disclosure involves the communication of information to another person.

Norbrook Laboratories (UK) Ltd v Shaw

Can a protected disclosure be made in multiple communications to an employer even where the individual communications were not protected?

The Claimant, who managed a sales team, had sent separate emails to different managers expressing concerns over the hazards of staff driving in snowy conditions. He alleged that his later dismissal was automatically unfair as a consequence of that protected disclosure.

The EAT


The EAT upheld the tribunal's decision on the preliminary issue of whether the Claimant had made a protected disclosure. It was held that separate communications considered together, even if made to different people, can amount to a protected disclosure even if separately they would not do so.

If you have been offered a settlement agreement following a disclosure made by you, or several incidents that you have raised, you may be in a similar situation to the claimant in the above case.

If you require advice or assistance on any settlement agreement or any other legal matter then please feel free to contact us. We can offer tailored advice to your specific situation.

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