Whistleblowing: disclosure made in previous employment can result in claim against current employer

    April 2010

    The Employment Appeal Tribunal ('EAT') has ruled in BP v Elstone [2010] UKEAT/0141/09/DM that a worker can bring a whistleblowing claim against his current employer in respect of its response to a protected disclosure he made whilst working for a different previous employer. This is the first time this particular issue has been considered and the EAT took a robust and purposive approach in interpreting the relevant legislation.