In the case of Kong v Gulf International Bank (UK) Ltd (2021), the tribunal stressed the importance of following a fair impartial process when investigating an employee’s complaints to avoid costly claims.
Ms Kong, an employee of 8 years’ service and Head of Financial Audit, reviewed a legal document based on a new investment product. She disagreed with the contents of the agreement, raising safeguarding issues and wrote her feedback to Ms Harding, Head of Legal, with her findings expecting to find some middle ground with her complaints.
Ms Harding felt that her professional integrity had been questioned by Kong and saw the feedback as a personal criticism. The complaint was reviewed inhouse and mediation was offered to resolve their conflict; Ms Harding refused. The working relationship had broken down. HR investigated the matter and sided with Ms Harding’s complaints about Ms Kong unethical feedback. Subsequently Ms Kong was dismissed.
Aggrieved, Ms Kong made a tribunal claim, one of which being unfairly dismissal and for making a protected disclosure. Under disclosures qualifying for protection (see Employment Rights Act 1996 s43) – an employer must not treat employees any differently for making a protected disclosure – Ms Kong felt that she had been treated unfavourably for raising a complaint about the new investment product.
Tribunal Outcome
The Employment Tribunal reviewed the case and had confirmed the following. The unfair dismissal claim was a success, Kong had been unfairly dismissed. However, the whistle blow claim was void as the claim had run out of time (it should have been addressed within a 3-month limit). It was unfortunate for Kong as the outcome would have been a success. Naturally Kong appealed this, but this was dismissed at EAT due to not being addressed in time.
Employers must be cautious when an employee is dismissed for making a protected disclosure. Kong would have been heavily compensated further had the whistle blow claim not run out of time.
Please note that this article is for information purposes only and should not be relied upon as being authoritative on the matter however further guidance on the matter can be provided by contacting our HR/legal advice-line on 01455 852028.
