Fecitt & Ors v NHS Manchester - application of "reverse burden of proof" and vicarious liability to whistleblowing claims
(1) A whistleblowing detriment claim will succeed unless the employer can show that the disclosure of protected information played no part in the reasons for the detrimental treatment - the burden of proof will be on the employer.
(2) An employer can be vicariously liable for employees' acts that cause detriment to another employee and are undertaken as a result of that other employee's protected disclosure(s).
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