Public Interest: Whistleblowing Test
Roadway Magazine|October 2017
How far does the whistleblower’s public interest defence extend? Laura Smith, a Solicitor at Backhouse Jones Solicitors details a recent Court of Appeal ruling that brings deliberate wrongdoing into play.
Laura Smith
Public Interest: Whistleblowing Test

In Chesterton Global Ltd and Anor v Nurmohamed the Court of Appeal has ruled that an employment tribunal was permitted to find that an employee had reasonable belief that his ‘disclosures’ regarding his employer’s manipulation of profit and loss accounts were made with only the public’s interest in mind, even though he had personal gain.

Nurmohamed (N), the director of a firm of estate agents alleged to his seniors that there were discrepancies in the accounts of the company, suggesting that figures were only being manipulated for the benefit of the company’s shareholders.

N was part of 100 senior managers who were benefitting from the discrepancies by receiving commission payments.

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