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What makes a protected disclosure?: reflections on Simpson v Cantor Fitzgerald

Jeremy Lewis and Martin Fodder, two of the authors of Whistleblowing, Law and Practice, 3rd edition 2017, Oxford University Press, (“WLP”)[1] consider the EAT’s judgment in Simpson v Cantor Fitzgerald Europe

[1] Updated by a Supplement available at http://www.littletonchambers.com/publications/books-241.

The EAT’s judgment in Simpson v Cantor Fitzgerald Europe, UKEAT/0016/18/DA, 21 June  2019 (Choudhury P) considered the application of a number of points of whistleblowing law which have recently been reviewed by the Court of Appeal and, in one case, is shortly to be reviewed by the Supreme Court. David Reade QC of Littleton appeared for the claimant/appellant, Mr Simpson. Although the decision traverses some now familiar ground on the meaning of a protected disclosure, it raises some important considerations particularly in relation to aggregating disclosures, the approach to identifying whether a query also amounts to a disclosure, and the relevance of “insider status”, not only of the claimant but also of the recipient of the disclosure, in assessing reasonable belief.

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