Employers should follow the Acas Code on grievances when handling whistleblowing disclosures; any failure to do so could lead to an uplift of up to 25% to the compensation award for whistleblowing claims. Employers with separate whistleblowing policies should check they comply with the Acas Code requirements.
The EAT in Ikejiaku v British Institute of Technology Ltd ruled that, although dismissal for making a protected disclosure is not covered by the disciplinary section of the statutory Acas Code of Practice on Disciplinary and Grievance Procedures, the disclosure will be a "concern, problem or complaint" covered by the grievance section of the Code. A failure to handle the disclosure in accordance with the grievance requirements of the Code could still lead to an uplift of up to 25% to the compensation awarded for automatically unfair dismissal.
The EAT also confirmed that the imposition of a new contract was a one-off act with continuing consequences and not a continuing act, so that the time limit for bringing a detriment claim ran from the imposition of the contract.
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