Jurisdiction(s):
United Kingdom

Whistleblowing: EAT limits Timis—no employer vicarious liability under s47B for dismissal by co‑worker; employees must pursue s103A unfair dismissal (Wicked Vision v Rice)

Published on: 08 March 2024

Published by a LexisNexis Employment expert

Legal News

Article summary

Wicked Vision Ltd v Rice [2024] EAT 29 What are the practical implications of this case?

This ruling is technically intricate because it engages with:

construction of ERA 1996, s 47B; and
consideration of what does and does not constitute the binding ratio of the Court of Appeal’s decision in Timis.

Mr Justice Bourne holds that Timis is binding only so far as it establishes that ERA 1996, s 47B(2) does not bar a worker from advancing a detriment complaint against fellow employees where they bear responsibility for the dismissal itself.

To the extent the case was read as indicating that, consequently, the employer could be vicariously liable, Bourne J considers that conclusion was not required for the disposal of the appeal and therefore is not part of the binding ratio.

Rather, Bourne J gives prominence to Lady Justice Simler’s analysis in the EAT in Timis, with which the Court of Appeal signalled agreement, namely that s 47B(2)(b) was not intended to exclude every claim for detriment that takes the form of a dismissal...

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