The Answer
The Employment Appeal Tribunal decision in the case of Sullivan v Isle of Wight Council 2024 appears to confirm that whistleblowing protection does not apply to an external job applicant, where Miss Sullivan (S) was unsuccessful in her two job applications to the Council and raised written concerns to the Council over matters together with notifying her MP. The Council refused an appeal under their complaints policy and (S) took matter to the Employment Tribunal that as she blew the whistle on the Council to her MP that was the reason why her appeal was refused by the Council.
What You Need To Do
Whistle blowing is there to protect those who disclose matters relating to, amongst other things, malpractice or wrongdoing carried out by an organization where such disclosure is in the public interest. Such protection is given to workers, employees, agency workers and some self-employed individuals providing their services under a service contract, but it appears that it does not extend to external job applicants who would get other forms of protection such as protection from discrimination under the Equality Act 2010. Only applicants applying for jobs in NHS can blow the whistle as Parliament’s rationale being that patient safety justified having this extended protection in place and (S) could not justify her case argument that she fell within that category.
The Risk/Threat
Damages award for whistleblowing matters is unlimited and thus employers must ensure that their recruitment process does not indirectly make an applicant a worker or employee. If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 01455 852 028.
