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In the Courts - Employment

December 2007

Whistleblower wins unfair dismissal claim

 The Employment Appeal Tribunal (EAT) has upheld an earlier tribunal decision that Mr Aryeetey, finance director of Tuntum Housing Association, had been unfairly dismissed under s103A of the Employment Rights Act. In April 2005, he had reported breaches of financial reporting and expenses and benefits procedures to the housing association, implicating its chief executive. Shortly afterwards he was suspended with no reasons given and a month later he was dismissed on grounds of ‘gross misconduct’. There were various points of procedure surrounding the original tribunal hearing that the appellant housing association put forward in the hopes of overturning this. But the judges commented ‘as we previously said, the tribunal found the respondents’ concerns wellfounded, reasonable and genuine’.

 
Tuntum Housing Association v B Aryeetey [2007] UKEAT
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