The EAT upheld the ET’s decision that it lacked jurisdiction to hear a claim for detriment relating to whistleblowing brought by an external job applicant, as the applicant did not meet the crietria to be as classified as a worker under S43K of the ERA 1996, and whistleblowing protection could not be extended to external job applicants as they had not been specifically incorporated into the ERA. Furthermore, regardless of this, the EAT held that the applicant had not suffered the alleged unfavourable treatment in their role as an outside applicant anyway, given that the protected disclosure did not pertain to the assessment of the job application and the detriment claimed “had not been suffered qua external applicant“.
