Afghanistan evacuation whistleblower wins unfair dismissal case against FCDO
Josie Stewart was sacked by the Foreign, Commonwealth and Development Office (FCDO) in 2022 after being accidentally identified as a confidential source by a BBC journalist.
Ms Stewart's lawyers said her disclosures to BBC Newsnight related to the Conservative government's handling of the evacuation from Afghanistan in 2021, and a 'subsequent denial by the Prime Minister and other very senior ministers and officials'.
We can't have a system that says stay silent, no matter what you see, and forces dedicated public servants to choose between their conscience and their career
Josie Stewart
An employment tribunal before three judges, chaired by Employment Judge Andrew Glennie, found that her complaint of unfair dismissal under Section 98 of the Employment Rights Act 1996 was 'well-founded'.
Ms Stewart's lawyers said the case was 'without precedent' and 'raised numerous important issues about civil servants' rights to whistleblower protection under existing law'.
The tribunal heard that the FCDO had instituted a 'lessons learned' exercise following the Afghanistan evacuation, with Ms Stewart declining to participate because of how 'unforgivably bad' she thought the response had been.
In her witness statement, Ms Stewart said she believed the exercise would be a 'whitewash' of the department's response.
The tribunal found there was a 'clear public interest' in the evacuation and whether it was being carried out effectively and fairly, as the lives of individuals who had assisted Nato in Afghanistan were 'potentially at stake'.
It also considered that it was 'reasonable' for Ms Stewart to go to the BBC when allegations had already been put into the public domain by former FCDO employee Raphael Marshall and 'government ministers were publicly disputing them'.
The tribunal heard that Ms Stewart had 'experienced a culture in FCDO which silences concerns and ostracises those who raise them'.
It found that Ms Stewart's complaint of making a protected disclosure was 'well-founded' with regard to the withdrawal of her security clearance, but 'dismissed' in relation to her suspension.
An additional complaint of automatic unfair dismissal under Section 103A of the Employment Rights Act 1996 was also dismissed.
Ms Stewart was identified as a whistleblower after a BBC journalist tweeted two images in January 2022 which revealed her email address.
The whistleblower said her experience of the FCDO's Afghanistan crisis centre in August 2021 'reflected the worst of our political system'.
In a statement upon receiving the judgment, she added: 'By calling this out, I lost my career.
'The outcome of this case doesn't change any of this, but it has achieved what I set out to achieve: it has established that civil servants have the right not to stay silent when systemic failures put lives at risk, as happened during the Afghan evacuation.
'I hope that, knowing that their colleagues have this right, senior officials will do more to build accountability in government, and speak truth to power when it is needed.
'We can't have a system that says stay silent, no matter what you see, and forces dedicated public servants to choose between their conscience and their career.'
Gavin Millar KC, who represented Ms Stewart in the proceedings, said in submissions that the evidence presented in the proceedings showed 'terrible failings by government'.
Cathy James, solicitor for Ms Stewart, said the tribunal had 'vindicated' Ms Stewart's actions and 'upheld her rights'.
Ms James added: 'This is an important win not just for Ms Stewart, but for civil servants, the public interest, and democracy.'
An FCDO spokesperson said: 'We will review the findings of the tribunal and consider next steps.'
Remedies for Ms Stewart's successful complaints will be determined at a future hearing.
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