In the case of Kong v Gulf International Bank, the Court of Appeal (CoA) held that an employee was not automatically unfairly dismissed following the making of protected disclosures, as she was dismissed due to her conduct in making the disclosure; not for making the protected disclosure itself.
Facts
The claimant, Ms Kong, was employed by Gulf International Bank (the bank) and made a verbal protected disclosure to the bank’s Head of Legal, Ms Harding, regarding the bank’s use of an investment product which the claimant considered to be unsuitable. During a heated conversation the claimant questioned Ms Harding’s professional integrity and her knowledge of the legal issues involved. The claimant subsequently submitted a draft audit report to Ms Harding and others where she repeated her concerns. It was acknowledged that the claimant’s concerns amounted to protected disclosures (whistleblowing).
Upset that the claimant had questioned her professional integrity, Ms Harding complained to the bank’s Head of HR and CEO informing them that she could not continue to work with the claimant. The Head of HR and CEO advised the claimant that her behaviour had meant that her colleagues no longer wished to work with her and her behaviour had fallen “well short of the standards of professional behaviour” expected. The claimant was dismissed.
The claimant brought a number of claims including automatic unfair dismissal on the basis that the reason for her dismissal was the fact that she...
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