Sullivan v Isle of Wight Council

Subject Matter

EMPLOYMENT — Protected disclosure — Job applicant — Unsuccessful job applicant making disclosure concerning member of interview panel — Disclosure unconnected with interview or employer — Applicant complaining to employer about conduct of interview — Complaint rejected and right to appeal refused — Claim of detriment on ground of protected disclosure — Statutory protection from detriment for protected disclosures not extending to external applicants for employment — Whether breach of claimant’s Convention rights requiring revision of statutory provision — Whether denial of right of appeal less favourable treatment to others in analogous situation — Employment Rights Act 1996 (c 18), ss 47B(1), 49B — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 10, 14

[2024] EAT 3; [2024] ICR 561; [2024] WLR(D) 31, EAT

EMPLOYMENT — Protected disclosure — Job applicant — Unsuccessful job applicant making disclosure concerning member of interview panel — Disclosure unconnected with interview or employer — Applicant complaining to employer about conduct of interview — Complaint rejected and right to appeal refused — Claim of detriment on ground of protected disclosure — Statutory protection for protected disclosures not extending to external applicants for employment — Whether job applicant having “other status” under Convention for discrimination claim — Whether denial of right of appeal less favourable treatment to others in analogous situation — Employment Rights Act 1996 (c 18), ss 47B(1), 49B — Human Rights Act 1998 (c 42), s 3, Sch 1, Pt I, arts 10, 14

[2025] EWCA Civ 379; [2025] ICR 1299; [2025] IRLR 520; [2025] WLR(D) 191, CA

Appellate History