Freeman v Ultra Green Group Ltd - Whistleblowing, dismissal by enforced retirement, and compensation [2011] EAT

Compensation for unfair dismissal for whistle-blowing is unlimited, and as is just and equitable in the circumstances. If the means of dismissal was to impose retirement (when under the Employment Equality (Age) Regulations 2006 this was still possible) as a direct response to the whistle-blowing, then the date of retirement does not act as a limit on the amount of compensation that can be awarded.

Financial planner Mr Freeman grew concerned that his employer Ultra was asking him to prepare financial plans that were grossly exaggerated. He advised his managers that he refused to use certain presumptions when preparing plans as this would be mislead investors. His managers wrote a scathing e-mail in response and then commenced proceedings to retire Mr Freeman - he was approaching 65, but the process had not yet been commenced. Ultra wrote purporting to retire him, but Mr Freeman had already resigned.

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