Joseph England reviews the whistleblowing case of Dray Simpson v Cantor Fitzgerald

30th November 2020

3PB’s specialist employment and discrimination law barrister Joseph EnglandJoseph EnglandCall: 2011, who last year authored a book on whisteblowing, provides an article examining the Court of Appeal's judgment on the case of Simpson v Cantor Fitzgerald Europe. This case revisits wide-ranging issues of various fundamental whistleblowing concepts across its seven grounds of appeal.

The judgment and the earlier EAT judgment provide a useful summary and discussion about key components of whistleblowing legislation and are a comprehensive read for any employment lawyer.

The spread of issues considered by the seven grounds of appeal were:

i. Rule 62 and the need to adequately provide reasons.

ii. When can a protected disclosure be made by a composite collection of more than one disclosure?

iii. The meaning of ‘information’.

iv. The relevance of trade knowledge to ‘reasonable belief’.

v. The meaning of ‘reasonable’.

vi. The ‘public interest’

The judgment is also useful as guidance for how to assess appeals and their chances of success; a very useful read for all employment lawyers.

Please click here to read the full article.

Joseph England also wrote about this case when it was in the EAT in June 2019, click here to read the full article.

If you wish to discuss this article further or to instruct Joseph England on a matter relating to this or any other matter, please email his clerk Russell Porter on russell.porter@3pb.co.uk.