The Employment Appeal Tribunal (EAT) has confirmed that a worker is protected from victimisation for protected disclosures made in a previous employment. In the first appeal decision to address this point directly, the EAT said it made no sense to limit protection for whistleblowers to sanctions taken by their current employer for disclosures that had been made while they were in that employment.
In this case, the claimant had been dismissed for making protected disclosures while working for a company specialising in health and safety consultancy for the petrochemicals industry. He then secured work as a consultant for one of their clients, BP, but was told there would be no more work when BP found out what had happened in his previous employment. BP's argument that the claimant was not protected from detriment in this situation was dismissed by the EAT. However, like all other claimants in a similar situation, the worker will still need to establish that the action his new employer took was in fact due to protected disclosures made in a previous employment.