header-logo header-logo

11 September 2008
Issue: 7336 / Categories: Legal News , Employment
printer mail-detail

Whistleblower allegation unfair

Employers need to be able to trust employees to keep consultations confidential

A man sacked by Marks and Spencer (M&S) for leaking details of plans to cut redundancy payments to staff should not be labelled as a whistleblower as there is no suggestion that the company acted improperly, say lawyers.

The employee, who had worked at M&S for 25 years, was suspended last month after it was discovered he had briefed the media that the company was looking to cut redundancy pay by up to 25%. At a disciplinary hearing, he was then told that he was being sacked for gross misconduct.

Ronnie Fox, of Fox Solicitors, says that by labelling the employee as a whistleblower, it casts M&S in an unfair light when they had in fact done nothing wrong.

“There is a relationship of trust and confidence which ought to exist between every employer and employee. It seems that in this case, the individual concerned broke that trust and M&S were entirely justified in feeling that they could not rely on him to keep company information confidential in future. Nobody should be surprised the fact that he has been dismissed.”

Announcing an intention to appeal the decision, Maria Ludkin, legal officer at the union GMB and the employee’s representative at the hearing, says that the decision to terminate employment is a “gross act of corporate bullying”.

However, Fox suggests that the comments by the union are entirely misplaced.

“I have advised many employers about redundancy plans and there is always concern about the consultation process.

If employees cannot be trusted to keep proposals confidential, employers will become even more reluctant to consult,” he says.

Issue: 7336 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll