Ms Jhuti made protected disclosures during her trial period. A manager pressed her to retract them and later gave a negative account of her performance to the dismissing manager, who did not know the full whistleblowing background.
Selected cases
UK Supreme Court · [2019] UKSC 55
Royal Mail Group Ltd v Jhuti
The UK Supreme Court considered the reason for dismissal where a decision-maker relied on a manipulated account from another manager.
UK Supreme Court27 Nov 2019
Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.
Get legal helpStart here
Quick read
- Employers need clean investigation and dismissal processes, especially after complaints or whistleblowing.
- The UK Supreme Court considered the reason for dismissal where a decision-maker relied on a manipulated account from another manager.
Use this to check
- Separate complaint handling from performance decisions where possible
- Give decision-makers the full relevant history
- Keep whistleblowing and retaliation risks visible in HR escalation
Decision snapshot
What happened
- Ms Jhuti made protected disclosures during her trial period.
- A manager pressed her to retract them and later gave a negative account of her performance to the dismissing manager, who did not know the full whistleblowing background.
What the court had to decide
- The issue was whose reason counts for unfair dismissal purposes when the appointed decision-maker is misled by another manager who has an improper reason.
What the court decided
- The Supreme Court held that if a person in the hierarchy manipulates the process to hide the real reason, the hidden reason can be attributed to the employer.
Practical impact
Practical read
- Employers need clean investigation and dismissal processes, especially after complaints or whistleblowing.
- A decision-maker should not rely blindly on a manager's account where there are warning signs that the history is incomplete.
Useful next steps
- Separate complaint handling from performance decisions where possible
- Give decision-makers the full relevant history
- Keep whistleblowing and retaliation risks visible in HR escalation
How businesses should read it
Employers need clean investigation and dismissal processes, especially after complaints or whistleblowing. A decision-maker should not rely blindly on a manager's account where there are warning signs that the history is incomplete.
Key takeaways
- Separate complaint handling from performance decisions where possible
- Give decision-makers the full relevant history
- Keep whistleblowing and retaliation risks visible in HR escalation