Jurisdiction(s):
United Kingdom

Whistleblowing dismissal detriment: EAT allows vicarious liability for co-worker’s act; Osipov applied, Wicked Vision conflict, Court of Appeal pending (Treadwell v Barton Turns Development) (Great Britain)

Published on: 20 August 2024

Published by a LexisNexis Employment expert

Legal News

Article summary

Treadwell v Barton Turns Development Ltd [2024] EAT 137 What are the practical implications of this decision?

The practical effect is that uncertainty endures as to whether a claimant can contend both that a co-worker imposed the detriment of dismissal and that the employer bears vicarious responsibility for that misconduct, even though the employer could not itself be personally liable for the detriment of dismissal. Pursuing such a formulation assists the claimant owing to the approach to causation, and because compensation for injury to feelings is available on a detriment claim but not for an unfair dismissal claim issued directly against the employer. In this appeal, HHJ Barklem indicates adherence to the unambiguous language of paragraph 91 in Osipov, which points to vicarious liability being capable of arising in these circumstances. That conclusion directly clashes with Bourne J’s judgment in Wicked Vision, which reached the reverse view on the footing that paragraph 91 did not form part of Osipov’s ratio. The consequence is a continuing lack of clarity pending resolution of the tension between these positions...

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