Whistleblowing—Court of Appeal bound by Osipov: employee can pursue vicarious liability claim for detriment dismissal against employer (Rice v Wicked Vision and Barton Turns Development v Treadwell)
Employment news analysis: Section 47B(2) of the Employment Rights Act 1996 (ERA 1996) does not bar an employee from bringing a whistleblowing detriment claim against their employer based on a co-worker's act of dismissal, and therefore an employee who brings an unfair dismissal claim under ERA 1996, s 103A can also bring a detriment claim based on dismissal, on the basis of vicarious liability, against their employer under ERA 1996, s 47B(1B), according to the Court of Appeal. However, this decision was reached on the basis that the Court reluctantly found itself bound by precedent by its previous decision in Timis v Osipov, with which it respectfully disagreed.