1. Kong v Gulf International Bank (UK) Ltd [2022] EWCA Civ 941 (8 July 2022) – (LINK)
In this case, the Court of Appeal ("CA") has upheld the Employment Appeal Tribunal’s ("EAT") decision that an Employment Tribunal (“ET”) had directed itself properly on the issue of the separability; namely whether it is possible to separate the conduct of a whistleblower from the protected disclosure(s) itself. The Claimant was employed by the Respondent as the Head of Financial Audit. She made a protected disclosure to the Respondent's Head of Legal, relating to a financial compliance template. In her disclosure, she also made comments that questioned the Head of Legal's professional abilities. The Head of Legal was unhappy with the comments made by the Claimant, and on 3 December 2018, the Claimant was dismissed.
The Claimant brought claims for ordinary unfair dismissal; automatically unfair dismissal by reason of protected disclosures; detrimental treatment by reason of having made protected disclosures; and wrongful dismissal in the ET. The ET held that the Claimant had been unfairly dismissed, but her claims of automatically unfair dismissal, protected disclosure detriment and wrongful dismissal were rejected. The ET found that the principal reason for the Claimant’s dismissal was not the protected disclosure she had made, but that she had questioned her colleague’s professional awareness or competence. The ET found that this was a separate reason related to her conduct and not her...
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