The Employment Appeal Tribunal has upheld an employment tribunal decision that three e-mails raising concerns about the dangers of driving in snowy conditions together amounted to a qualifying disclosure for the purposes of the whistleblowing provisions of the Employment Rights Act 1996.
Although each e-mail was not a qualifying disclosure on its own, the three e-mails taken together amounted to such a disclosure. It did not matter that the last e-mail did not have the same recipient as the earlier two because the earlier communications were “embedded” in the later communication.
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