Parkins v Sodexho Ltd [2002] IRLR 109 (EAT)

In brief

An employee raised concerns about breaches of his own employment contract. The EAT (His Honour Judge J Altman) held that a worker's disclosure of a breach of their own contract of employment was a qualifying disclosure under s.43B(1)(b) ERA 1996 — "breach of a legal obligation" includes contractual obligations, and the contract between worker and employer creates legal obligations enforceable by both parties. This decision opened PIDA to employment-contract disclosures. Its practical breadth was subsequently narrowed by the 2013 public-interest amendment to s.43B(1): a contract-only grievance will not usually satisfy the public-interest test unless a wider interest can be shown (see Chesterton).

Key provisions

• §§22–26 — Breach of own employment contract falls within s.43B(1)(b) "legal obligation" : A worker's disclosure that the employer has breached the worker's own contract of employment is capable of being a qualifying disclosure under s.43B(1)(b) ERA 1996. "Legal obligation" includes contractual obligations owed to the worker.

When relevant

Establishing that PIDA can reach employment-contract disclosures. Always pair with Chesterton to cover the public-interest hurdle that the 2013 amendment added. Relevant where a worker's concern is both an EqA discrimination grievance and a breach-of-contract disclosure.