CASE UPDATE: Darth Vader, Disclosure and Detriment

A recent whistleblowing case has highlighted the importance of handling internal complaints with care and sensitivity. Even seemingly light-hearted workplace interactions can have serious legal consequences if the context is ignored.

In Rooke v NHS Blood and Transplant, the Claimant raised concerns that amounted to a “protected disclosure”.  Some time later, during a team-building session involving a Star Wars-themed personality test, that same colleague completed the test on her behalf and announced to the group that her personality matched Darth Vader.

While the test described Darth Vader as a “focused individual who brings the team together,” the tribunal found that the comparison was insulting. In addition and crucially, it accepted that the disclosure had been more than a minor influence on the colleague’s actions. This was enough to satisfy the legal requirement that the detriment occurred on the grounds of the protected disclosure.

Consequently, the Claimant succeeded in her whistleblowing detriment claim and was awarded nearly £30,000. The employer was not successful in defending the case, even though only one of the four claims brought against them succeeded.

This case is a reminder of the significant legal protections for whistleblowers. Employers must ensure that complaints are handled properly, that colleagues are not treated differently as a result of raising concerns, and that workplace culture does not permit retaliation in any form.

If you need advice on whistleblowing complaints, policies or staff training, we are here to support you. If we can help, we will.