UK (Parliament Politics Magazine) – A UK civil servant, Josie Stewart, unfairly dismissed by the government after she exposed failures in Afghanistan’s evacuation, won her unfair dismissal case.
British government loses unfair dismissal case against whistleblower who revealed mishandling of Afghan evacuation chaos.
Why was Josie Steward dismissed from FCDO?
The former official at the Foreign, Commonwealth and Development Office, Josie Steward, lost her position after giving an anonymous interview to BBC Newsnight. In the interview, she related the “distressing experiences” she encountered while working at the Afghanistan Crisis Centre in 2021.
Following revelations of systemic failures during the evacuation operation, Ms Steward was stripped of her security clearance and dismissed from her position. She shared leaked emails suggesting that the former PM Boris Johnson, had given preferential treatment to the animal rescue group Nowzad over other urgent cases.
What did the first hearing decide on whistleblower rights?
In a precedent-setting decision, the tribunal found that whistleblower legislation permits civil servants to share restricted information with journalists without leaking confidential information.
During a hearing in May, FCDO counsel Ben Collins KC argued that whistleblower rights do not cover granting security clearance to those previously involved in leaking information.
What did Gavin Millar KC say about whistleblowing and the Public Interest Disclosure Act?
Gavin Millar KC, representing Ms Stewart, argued that if the claims succeeded, it would undermine the Public Interest Disclosure Act 1998, which was intended to safeguard whistleblowers.
Mr Millar, while presenting his case, stated,
“The endangerment of the safety and lives of extremely vulnerable people in danger of retribution from the Taliban at any moment, and a government communications strategy which concealed how badly the UK government let those people down.”
What did the tribunal say about whistleblowing in the public interest?
A judgment released stated,
“The tribunal ruled that it was reasonable for the claimant to approach the UK’s public service broadcaster, as relevant information and allegations had already been made public and government ministers were publicly disputing them.”
The judgement continued,
The judgement continued:
“Was the claimant’s belief that she disclosed the public interest a reasonable belief? The tribunal found that it was. The prime minister and foreign secretary were denying things that the claimant believed to be true, based on what she had observed in the course of her work.”
The panel agreed that Ms Stewart’s suspension from work while her security clearance was under review was necessary, as holding the clearance was a required condition of her role.
James and West, representing Ms Stewart, labelled the judgment “groundbreaking,” arguing that it was without precedent and raised important concerns about the safety of civil servants who blow the whistle under the law.
What did Ms Stewart say about the FCDO crisis and her whistleblowing?
Ms Stewart stated,
“My experience at the FCDO crisis centre in August 2021 reflected the worst of our political system. By speaking out, I lost my career. While this case’s outcome doesn’t change that, it has established that civil servants have the right to speak up when systemic failures put lives at risk, as during the Afghan evacuation.”
She argued that a system that forces public servants to remain silent and decide between their principles and their careers is not acceptable.
Her solicitor, Cathy James, remarked, “The tribunal has affirmed my client’s actions and protected her rights, marking an important victory for civil servants and democracy.”
An FCDO representative stated, “We will review the findings of the tribunal and consider next steps.”
What did Philip Hall say about the Nowzad staff’s eligibility for evacuation?
Philip Hall, who headed the FCDO’s evacuation crisis centre, clarified that Nowzad staff did not meet vulnerability criteria for evacuation.
In an email at 10:28am, he wrote, “As SRO for the LOTR scheme, I believe they do not fall within the priority cohorts, including extreme vulnerability.”