Niekrash v South London Healthcare NHS Trust [2012] UKEAT/0252/11/JOJ

Posted In: Case Law
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination, Whistleblowing (Protected Disclosures)
Issues covered: Whistleblowing victimisation; aggravated damages

This was an appeal against the EAT‟s refusal to make an award of aggravated damages after the claimant was found to have suffered detriment after being excluded from his work as a hospital consultant urologist The appeal was dismissed. The claimant raised complaints and concerns that amounted to a series of protected disclosures for the purpose of the whistleblowing provisions of the ERA 1996. It was common ground that he had acted in good faith in making these disclosures. He was awarded sums for non-pecuniary losses and loss of income, but the Tribunal rejected the claims for aggravated and exemplary damages. The claimant

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This article is correct at 09/03/2012

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