The award also included provisions for the tax liability Zabelin would incur and an uplift of approximately £150,000 due to breaches of the ACAS code, a set of regulations that guide employers in handling grievances and disciplinary procedures.
The Legal Arguments
Leiper vigorously contested the appropriateness of the ACAS uplift, while also contending that the £270,000 contractual cap should be considered in the overall award. He argued that the ACAS Code wasn’t applicable, as Zabelin’s complaint was primarily about his own pay and wasn’t presented as a matter of public interest disclosure.
Zabelin’s legal counsel, Sean Jones KC of 11KBW, represented by Mishcon de Reya LLP, is prepared to defend the whistleblowing executive’s victory.
SPI Spirits and Shefler are counting on Richard Leiper KC of 11KBW, represented by Osborne Clarke LLP, to overturn the £1.6 million decision. The legal battle rages on, with the outcome hanging in the balance.
