Whistleblowing and data protection

legal_updates

Employee's complaint had to be considered as a protected disclosure relevant to their dismissal.

Author: Kiril Moskovchuk
Published:
Reading time: 1 minute

This article is 2 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Whistleblowing in relation to breaches of data protection rules, the key source of which is the GDPR, can be a protected disclosure, as the Employment Appeal Tribunal recently confirmed in Okwu v Rise Community Action.

Miss Okwu started her employment with by Rise, a small charity, as a domestic violence and female genital mutilation specialist worker and was within her probation period. Her performance was lacking, her probation was extended. She then complained that Rise did not provide her with a work mobile storage and secure storage for sensitive personal information of her clients, in breach of the data protection regulations. She then was dismissed on performance grounds.

On appeal, the Employment Appeal Tribunal said that Miss Okwu obviously had a reasonable belief that her complaint of the data protection was in the public interest. Her complaint has to be considered as a protected disclosure relevant to her dismissal.

Kiril Moskovchuk

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.