| In the recent case of Argence-Lafon v Ark Syndicate Management an employee made whistleblowing disclosures about a potentially fraudulent loss claim. The company investigated and found no fraud. Despite this, the employee continued to accuse the company of wrongdoing. His later statements were found not to be protected – it was not reasonable for him to continue to hold his belief in light of a full investigation which had found no fraud.
He was later put on a performance plan (PIP), which he refused to engage with, believing it was retaliation for his disclosures. He was dismissed for a breakdown in trust and confidence due to:
- Refusing to participate in the PIP, and
- Persistently accusing the company of fraud after it had been properly investigated.
The Employment Appeal Tribunal held the dismissal was not automatically unfair for whistleblowing, as it was due to his behaviour, not the protected disclosures themselves.
However, the tribunal had not properly considered whether the dismissal was unfair on ordinary grounds, particularly the role of the appeal process.
The appeal process could have remedied failings at the initial stage. This part was sent back to be reconsidered. |
