The Chief Constable of Northamptonshire Police

Judgment approved by the court for handing down D Warburton v Chief Constable of Northamptonshire Police Page 1 [2022] EAT 42 © EAT 2022 Neutral Citation Number: [2022] EAT 42 Case No: EA-2020-000376-AT EA-2020-001077-AT EMPLOYMENT APPEAL TRIBUNAL Royal Courts of Justice Strand, London, WC2A 2LL Date: 14 March 2022 Before : THE HONOURABLE MR JUSTICE GRIFFITHS - - - - - - - - - - - - - - - - - - - - - Between : EA-2020-000376-AT Mr D Warburton Appellant - and - The Chief Constable of Northamptonshire Police Respondent EA-2020-001077-AT The Chief Constable of Northamptonshire Police Appellant - and - Mr D Warburton Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr S Keen (instructed by Berry Smith LLP) for the Claimant Mr A Roberts (instructed by East Midlands Police Legal Services) for the Respondent Hearing date: 24 February 2022 - - - - - - - - - - - - - - - - - - - - - Judgment Judgment approved by the court D Warburton v Chief Constable of Northamptonshire Police Page 2 [2022] EAT 42 © EAT 2022 SUMMARY Whistleblowing, Protected Disclosures & Victimisation In the appellant’s claim for victimisation, the ET had not asked itself the correct question when deciding that the claimant had suffered no detriment. The key test is: “Is the treatment of such a kind that a reasonable worker would or might take the view that in all the circumstances it was to his detriment?” Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337 HL applied. Detriment is to be interpreted widely in this context. It is not necessary to establish any physical or economic consequence. Although the test is framed by reference to a reasonable worker, it is not a wholly objective test. It is enough that a reasonable worker…