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Goode v Marks and Spencer plc - An employee's letter to the Times and whistleblowing [2010] EAT

In this case the expression of an opinion about an employer's proposal, after consultation, to change the terms of a discretionary enhanced redundancy scheme did not amount, to a qualifying or protected disclosure.

Mr Goode was manager of the Customer Relations Database at Marks & Spencer, having started work for the company in 1983.  He was dismissed in 2008 after he was identified as the writer of a letter to the Times about proposals by M&S to reduce the value of their discretionarly enhanced redundancy terms for staff.  The letter suggested that "many staff will be made redundant in a cost cutting exercise that will see their redundancy packages slashed..." (the proposal was to reduce redundancy pay from two and a half times the statutory minimum to twice the statutory minimum and to reduce the maximum payment from 70 to 62 weeks' salary).  He had previously told his line manager that he was “disgusted” by the proposals.

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