Jurisdiction(s):
United Kingdom

EWCA in Sullivan v Isle of Wight Council: Article 14 ECHR challenge to ERA whistleblowing fails; external job applicants not comparators; guidance on proportionality and legislative deference for ETs

Published on: 29 April 2025

Published by a LexisNexis Public Law expert

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Article summary

Sullivan v Isle of Wight Council [2025] EWCA Civ 379 Background

The claimant sought employment with the respondent local authority. In that applicant capacity, she was not permitted to pursue a whistleblowing claim under the Employment Rights Act 1996 (ERA 1996).
She had applied, without success, for two posts with the respondent local authority. Following those rejections, she wrote to her Member of Parliament to set out her complaints, sending the respondent a copy of the letter. She relied on that correspondence as constituting her protected disclosure.
Following its investigation, the respondent concluded there was no evidence of wrongdoing by staff, and the complaint was not upheld.
The respondent further decided that, in the particular circumstances of the case, the standard option of a further review of her complaint would not be made available to her.

Whistleblowing claim

Among the claims she presented was a claim for whistleblowing...

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