McKinney v London Borough of Newham [2014] UKEAT/0501/13

Whistleblowing complaint out of time

Mr McKinney was employed by the London Borough of Newham in their Finance Department from 29 July 1985 until termination of his employment on 31 July 2012.  He brought two complaints before the Employment Tribunal.  The complaint in issue, lodged on 11 January 2011, alleged detrimental treatment short of dismissal on the grounds that he had made protected disclosures (the whistle-blowing complaint). 

The principal question was: when did the three month primary limitation period begin to run for the purposes of the whistle-blowing complaint?  

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