The claimant was employed by the respondent as Head of Financial Audit. A draft audit report prepared by her raised concerns that a legal agreement relating to a certain financial product did not provide sufficient protection against certain risks arising from the involvement of non-bank counterparties. It was not disputed that the claimant’s communications of her concerns about this, and other aspects, amounted to protected disclosures.
The Head of Legal, who had been responsible for the agreement, disagreed with the claimant’s view. She went to the claimant’s office and a discussion took place, following which there were exchanges of emails. The Head of Legal considered that the claimant had impugned her integrity, and raised the matter with the Head of HR and others. She indicated that she was very upset, and could not see how she could continue working with the claimant. She declined mediation. The Head of HR and CEO became inclined to the view that the claimant should be dismissed. The Group Chief Auditor agreed to that course and the claimant was then dismissed.
The claimant complained of detrimental treatment and unfair dismissal for having made protected disclosures. One complaint of detrimental treatment – relating to the Head of Legal’s conduct – would have succeeded, but was out of time. The complaint of unfair dismissal for having made protected disclosures failed. However, the claimant was found to have been ordinarily unfairly dismissed. The claimant appealed against the failure of the unfair dismissal protected disclosure complaint.
[2021] UKEAT 2020-000357
Bailii
England and Wales
Updated: 14 October 2021; Ref: scu.667957 br>