Can a company be liable for dismissal and detriment claims made by staff temporarily transferred from a different organisation?
Employees and workers are protected from dismissal and detrimental treatment for making protected disclosures – also known as whistleblowing – under the Employment Rights Act. In 1) Bank Of Africa UK Plc 2) Mr Houssam El Hak Morssi Barakat 3) Mr Ralph Snedden v Ms N Tahri Hassani, the Employment Appeal Tribunal (EAT) had to consider whether the employment tribunal (ET) was right to conclude that a seconded employee became employed by the host company, thus making that company liable for dismissal and detriment whistleblowing claims made against them.
Hassani was employed by BMCE Bank of Africa (BMCE) from March 2013. In September 2016, she was seconded by BCME to work for one of its subsidiaries, Bank of Africa United Kingdom PLC (BAUK). The secondment agreement made clear that the arrangement would not create an employment relationship between Hassani and BAUK and that she would remain employed by BMCE.
During the secondment, Hassani identified issues with training on regulatory risks and internal governance within BAUK. She then raised further regulatory issues and concerns about the behaviour and performance of BAUK’s chief operating officer.
Hassani’s working relationship with BAUK’s chief executive officer deteriorated. The ET found that there were attempts by BAUK to ‘dismiss’ Hassani. This led to her being placed on garden leave in...
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