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Kong (appellant) v Gulf International Bank (UK) Ltd (respondent)

Thursday 26 May 2022

The Claimant appeals against the order made by the EAT (HHJ Auerbach) sealed on 7/10/21 dismissing C’s appeal against the ET’s decision rejecting C’s claim for automatic unfair dismissal.

C was employed by R in Feb 2020 as senior business auditor, then internal audit manager and from March 2016 as head of financial audit. C was summarily dismissed on 3.12.18 purportedly for reasons relating to conduct.

C claimed that she had made a number of protected disclosures before her dismissal.
A draft audit report prepared by C raised concerns that a legal agreement concerning a certain financial product did not provide sufficient protection against certain risks arising from involvement of non-bank counterparties. R did not dispute that C’s communications of her concerns amounted to protected disclosures.

The R’s head of legal considered that C had impugned her integrity and concluded that she could not continue working with C. The R dismissed C.

C complained of detrimental treatment and unfair dismissal for having made protected disclosures.

View hearing:

Part 1

Part 2