£57,000 award after employee threatened for whistleblowing about misleading HMRC

An ET found that no evidence of a fair reason for dismissal had been provided and the employer had failed to follow any fair procedure; therefore, R had been automatically unfairly dismissed for making disclosures in the public interest.
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In Rizvi v Capital Care Services (UK) Ltd R was summarily dismissed for allegedly instructing employees to falsify documents relating to recruiting and placing candidates for NHS roles. This came after R had disclosed information tending to show that a criminal offence had been or was being committed by superficially putting business through group companies and misleading HMRC and NHS Trusts. An ET found that no evidence of a fair reason for dismissal had been provided and the employer had failed to follow any fair procedure; therefore, R had been automatically unfairly dismissed for making disclosures in the public interest. Furthermore, R had been subjected to detriments for whistleblowing when the employer threatened to report her to newspapers, accused her of fraud, blocked access to her company email account, disconnected her mobile telephone and threatened to dismiss her. The ET awarded R £48,512 for unfair dismissal, and £8,700 for injury to feelings. 


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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