New employment legislation designed to provide financial support for dismissed whistleblowers has been described as ‘draconian’.
An employment tribunal has dismissed an application for interim relief after ruling that it failed to meet the high standard of proof required.
The case involves a financial services firm's former company secretary, who is pursuing claims of constructive unfair dismissal and automatic unfair dismissal.
Jane Passey resigned from Tufton Management Ltd on September 1 and claims she was effectively dismissed following unfair treatment after raising concerns as a whistleblower.
Miss Passey alleged that Tufton's board had refused to submit a mandatory Suspicious Activity Report concerning a client she described as ‘entangled in high-stakes cross-border bankruptcy proceedings’.
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She claimed this ‘severe governance failure’ exposed her to ‘personal criminal liability’ under the Proceeds of Crime Act.
Miss Passey said she had raised concerns about a suspected illicit corporate vehicle and attempts to shield assets across international borders, but these were overruled by local directors. She subsequently reported her concerns directly to the island's Financial Services Authority.
She alleged that the company then marginalised her, with the final straw coming when it stopped paying her contractual sick pay.
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