Whistleblowing and Public Interest

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

In Chesterton Global Limited v Nurmohamed the Court of Appeal has held that the fact that something is in a worker’s private interest, does not prevent it from also being in the public interest.  However, the Court of Appeal was very clear that its decision had been heavily dependent on the facts and a different set of facts could result in a different judgment being given. Mr Nurmohamed was paid commission at work together with around 100 of his colleagues.  He believed that Chesterton Global Limited were exaggerating expenses in order to reduce their profits and thus reduce commission payments to him and his colleagues.  He was of the view that this was in the region of £2,000,000 – £3,000,000.  The Court in this particular case were able to say that the disclosure, although it was about commission structure affecting only a small group of salesman, was something that could be reasonably believed to be in the public interest.

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