UK Government Loses Landmark Whistleblower Case Over Kabul Evacuation

UK employment tribunal has found that the Foreign, Commonwealth and Development Office (FCDO) unfairly dismissed civil servant Josie Stewart after she exposed critical failures in the British government’s handling of the 2021 Kabul evacuation.

The Whistleblower's Claims

Stewart worked in the FCDO crisis centre during the chaotic withdrawal from Kabul as the Taliban took control. She revealed that the government’s response was plagued by inefficiency, indecision and political interference. Her most explosive claim was that Boris Johnson personally intervened to prioritise the evacuation of Nowzad, a pet charity, while thousands of vulnerable Afghans (including those who had worked alongside British forces) were left behind.

Emails leaked by Stewart contradicted official denials from Downing Street and the Foreign Office, suggesting that Johnson’s intervention led to staff from Nowzad being airlifted out of Afghanistan at a time when thousands of desperate Afghans, including women, children and former interpreters, struggled to secure evacuation.

Tribunal Ruling

The government argued that Stewart lost her job not for whistleblowing but because her security clearance was revoked after leaking sensitive information. Ben Collins KC, representing the FCDO, insisted that civil servants who leak information cannot expect to maintain their security status.

The tribunal rejected this argument, however, emphasising that Stewart acted in the public interest. The ruling stated that whistleblowers should not be forced to choose between their careers and exposing governmental wrongdoing, as this would undermine the Public Interest Disclosure Act 1998.

“The tribunal considered that it was reasonable for the claimant (Stewart) to go to the UK’s public service broadcaster when relevant information had already been put into the public domain and government ministers were publicly disputing them,” the judgment stated.

The ruling also found that the FCDO’s handling of Stewart’s dismissal was deeply flawed, failing to fairly engage with her defence. “No reasonable employer, acting reasonably, could base a decision to dismiss an employee in the claimant’s position on a process which failed to engage in any way with the case that she was putting forward,” the tribunal concluded.

The tribunal ruled in the claimant’s favour, stating that her actions were in the public interest and thus her whistleblowing was protected.

Commentary

This ruling marks a pivotal moment in UK employment law, reinforcing the legal protections available to whistleblowers, particularly within the civil service.

The tribunal’s decision highlights the importance of safeguarding employees who disclose government misconduct in the public interest, reinforcing protections under the Public Interest Disclosure Act 1998 (PIDA). It also emphasises the importance of fair dismissal procedures, setting a precedent that employers, particularly in the public sector, must follow due process when handling whistleblowing cases.

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