“…t was not in fact sensitive) was nowhere near the kind of conduct found not to be protected in cases like Martin or Bolton School v Evans [2006] EWCA Civ 1653, [2007] ICR 641 (“Bolton”). It was closer to the kind of conduct that was found to be protected in Bass Taverns Ltd v Burgess [1995] IRLR 596, CA (“Bass Taverns”), although th…”
“…It is worth noting that similar distinctions have been made in analogous contexts – see Bolton School v Evans [2006] EWCA Civ 1653, [2007] ICR 641, (protected disclosure); Martin v Devonshires Solicitors [2010] UKEAT/86/10, [2011] ICR 352, (victimisation); and Panayiotou v Kernaghan[2014] UKEAT 0436/13/16…”