Previously the distinction between a mere allegation which does not amount to a protected disclosure under the whistleblowing provisions of the Employment Rights Act 1996 and a statement which conveyed information and could amount to a protected disclosure were one of the ways on which claims by whistleblowers could be defended by an employer.


However, the EAT in Kilraine v London Borough of Wandsworth has said that the difference between ‘information’ and ‘allegation’ is not one made by the statute itself and tribunals should not be too easily persuaded into asking whether an alleged disclosure was one or the other, given that the two are often intertwined. The question is simply whether a purported disclosure is a disclosure of information, even if it is also an allegation.


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