Mr J Fleming v Sodexo Live UK Ltd: 4102603/2025

36. This is stated because parts of the respondent’s evidence related to the reasonableness of its process but had little relevance to the issues to be decided in this case.15 37. The test of what is a protected disclosure consists of two steps. First, whether it is a ‘qualifying’ disclosure according to the requirements of section 43(B)(1) of the Act. Then, if so, is that qualifying disclosure ‘protected’ by virtue of the party to whom it is made with reference to section 43(C) to (H).