02/08/2022
In Kong v Gulf International Bank, the Court of Appeal handed down a judgment that will place significant pressure on whistleblowers to make disclosures in an increasingly restrictive manner. The Employment Tribunal had found that Ms Kong had made her disclosures in a reasonable manner however the employer viewed her conduct as a separate issue and this subjective view was a fair reason for dismissal. The Court of Appeal stated they were entitled to this finding. In practice this will mean whistleblowers will have to be extremely cautious in how they make any disclosures. We fear the practicalities in the workplace, in difficult and stressful situations, will mean many whistleblowers will be caught be this ruling and undermines the flexibility the law was originally meant to have. Protect, the whistleblowing charity intervened - see below for their view.
Protect Statement on the Court of Appeal judgment on Kong vs Gulf International Bank out today 8 July 2022
