Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Detriment claim runs from the date of the employer’s decision

15th December, 2014

Detriment claim runs from the date of the employer’s actual decision, not when employee finds out of it

The Employment Appeal Tribunal (EAT) has clarified in the case of McKinney v London Borough of Newham that where an employer makes a decision that is allegedly to the detriment of the employee on the grounds that they have made a “protected disclosure” (section 47B(1), ERA 1996), the three month time limit for bringing a claim runs from the date of the actual decision and not from when the employee learnt of it.

The Claimant brought his case to the Employment Tribunal (ET) on 11 January 2011 in respect of a decision that he felt amounted to detrimental treatment which was made on 8 October 2010 (the Claimant had learnt of the Employer’s decision on 14 October 2010). His claim was struck out by the ET for being out of time.

The Claimant appealed to the EAT who upheld the ET’s decision to not allow the claim on the basis that it is out of time. The EAT analysed a range of authorities and concluded that there is no material difference between the detriment provisions of the Employment Rights Act 1996 and Equality Act 2010 and confirming that time begins to run from when the employer made the decision, not when the employee became aware of it. The EAT confirmed that the time to bring a claim runs from the date of the employer’s decision, in this case on 8 October, and therefore the claim made was out of time.

Whilst this decision will be welcomed by employers, it is essential that employers seek to prevent whistleblowing claims arising from detrimental treatment by implementing a comprehensive Whistleblowing Policy and seeking professional legal advice prior to making any decision that may be determined to be detrimental treatment on the grounds that the employee has made a protected disclosure.

For further information and advice on whistleblowing, please contact Helen Watson on 01244 405565 or send an email to [email protected].

You might also be interested in...

Sustainable Palm Oil Project

7th March, 2019

  What’s Good About Palm Oil? Up to 50% of products in an average UK supermarket now contain... Read More »

Compensation for Employees Made Redundant Due to Administration

1st March, 2019

Our solicitors have a proven track record of recovering compensation for clients where their employer is in administration... Read More »

Handling Adverse Weather in the Workplace

29th January, 2019

With Heavy weather promised for the next few days, here is a reminder of the importance to have... Read More »

Contact Us