An employee is protected from dismissal for disclosing wrongdoing to a former director in the mistaken belief that that person still has legal responsibility for the relevant matter at the time of the disclosure, provided it is reasonable for the employee to hold that mistaken belief. The EAT commented that it would be rare, but possible depending on the facts, for an employee to have a reasonable belief that a former director has legal responsibility for a matter. Here the employee's belief was based on the former director having been in office at the time the wrongdoing took place; the case was remitted to the tribunal to decide whether this rendered the belief reasonable on the facts. (Premier Mortgage Connections Ltd v Miller, EAT)
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Whistleblowing disclosure to former director may be protected
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