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Whistleblowing: Court of Appeal bound by Osipov; s47B(2) no bar to vicarious liability for dismissal alongside s103A; co-worker need not be joined (Rice; Treadwell)

Published on: 19 November 2025

Published by a LexisNexis Employment expert
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Rice v Wicked Vision (Protect intervening) and Barton Turns Development Ltd v Treadwell [2025] EWCA Civ 1466

What are the practical implications of this judgment?

The Court of Appeal has determined combined appeals addressing how claims available to whistleblowing employees under Part V and Part X of the ERA 1996 interrelate. The key question concerned the ambit of ERA 1996, ss 47B(1A) and 47B(1B), and the scope of the exclusion in ERA 1996, s 47B(2). In both matters, the issue was whether an employment tribunal fell into error when dealing with applications to amend unfair dismissal complaints to add detriment claims against co-workers arising out of the dismissal, advanced under ERA 1996, s 47B. The judgment resolves divergent EAT decisions and examines the binding effect of the Court of Appeal’s ruling in Osipov...

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