Protect, the UK whistleblowing charity, successfully intervened in the Employment Appeal Tribunal case of Declan Durey v South Central Ambulance Service NHS Foundation Trust to protect “injury to feelings” compensation for whistleblowers. The case concerned a challenge to this established form of compensation. Following the hearing, the settled position remains that Employment Tribunals can make awards for non-financial losses in detriment claims, including injury to feelings awards.
Injury to feelings compensation has been available for whistleblowers since the case of Virgo Fidelis School v Boyle [2004] ICR 1210, a case successfully argued by Bates Wells 20 years ago.
Protect were represented by Maya Emberton and Paul Jennings of Bates Wells, and the excellent Betsan Criddle KC of Old Square Chambers.