Mrs Jhuti went to work for Royal Mail Group. She became concerned that colleagues were acting unlawfully and blew the whistle. Her line manager subjected her to performance reviews that amounted to bullying and portrayed her, inaccurately, as failing. A more senior manager dismissed Ms Jhuti relying honestly on the false picture created by the line manager.
Was the reason or principal reason for the dismissal the fact that Ms Jhuti had made protected disclosures? The Employment Tribunal and Court of Appeal concluded that the question was to be answered by focusing only on the mind of the person who took the decision to dismiss, even if that decision was the inevitable consequence of the line manager’s actions. The EAT and now the Supreme Court decided that when identifying the employer’s reason, one may need to look more widely than the mind of the decision-maker. Here the principal reason for dismissal was the protected disclosures.
The full judgment can be found on BAILII here.
Sean Jones QC acted pro bono for the Appellant, Ms Jhuti, leading Matt Jackson of 10KBW who was sole counsel before the ET, EAT and Court of Appeal.