Veale Wasbrough Vizards

UK 200 2014 position: 93

Whistleblowing — Panayiotou v Chief Constable Kernaghan

By Joanne Oliver

Can detriment or dismissal stemming from events closely connected to a protected disclosure be distinguished from the disclosure itself to avoid liability in whistleblowing claims?

Yes, according to the Employment Appeal Tribunal (EAT) in Panayiotou v Chief Constable Kernaghan.

In this case, Mr Panayiotou, a police officer, made a number of protected disclosures concerning the attitude of his colleagues towards certain racial groups and the victims of rape, abuse and domestic violence. His disclosures were investigated by Hampshire Police, and Mr Panayiotou was found to be largely correct in his concerns. However, he was not satisfied with the outcome of the investigation and the remedial action taken by the force. Mr Panayiotou began to right the wrongs he perceived within the force and to take the action he believed appropriate. He continued to raise numerous complaints and a great deal of management time was devoted to responding to his correspondence and investigating these complaints…

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