Mrs L Fry v Kingswood Learning & Leisure Group Ltd (2023)

EAT upholds decision by ET that the decision maker was not aware of the protected disclosure at the time of dismissal and that the decision to dismiss could not therefore be in any way related to whistleblowing. The Claimant had appealed on the grounds that it was "perverse and wrong" for the ET to determine that the decision maker was not aware of the protected disclosure prior to dismissal, and that "inadequate reasons were given for [the] conclusion" reached, in particular in relation to why some dates of knowledge were ruled out, including one that predated the date of dismissal. However, the EAT found that the ET was "entirely justified on the evidence to conclude" that knowledge of the protected disclosure postdated the dismissal, and using DPP v Greenberg (2021) as authority, it ruled that the ET only "needed to give reasons for the date that it found and not for the dates it did not."