Foreign Office whistleblower hopes tribunal win ‘establishes precedent'
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.
She was told on Tuesday that she had won a case for unfair dismissal over her disclosures to the media about the UK government's Afghanistan evacuation efforts following the Taliban offensive in 2021.
I have just never experienced anything as chaotic, as poorly managed, and with such serious implications for people in Afghanistan
Josie Stewart
Ms Stewart, 44, said the tribunal process had been 'incredibly gruelling' and 'traumatic'.
Asked about her reaction to the decision, Ms Stewart told the PA news agency: 'I'm feeling completely overwhelmed, relieved, but also have very mixed emotions.
'It's the culmination of three years of a huge amount of stress and trauma, and I have a lot of processing of that to do.'
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, who has worked in the NGO charity sector since being sacked, said she hoped it 'establishes a precedent that hopefully will protect other civil servants from having to go through anything similar'.
The tribunal concluded 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'.
Ms Stewart said the decision established that 'whistleblowing protections do apply to security cleared civil servants' and that 'in some extreme circumstances, it can be reasonable and legal for civil servants to whistleblow direct to the media'.
She added that she hoped the decision would change the approach of the FCDO to whistleblowing and parliamentary accountability.
This is an important win not just for Ms Stewart, but for civil servants, the public interest, and democracy
Cathy James, solicitor
Discussing the evacuation of Afghanistan, Ms Stewart said there were 'really severe failings at the heart of the UK government'.
She added: 'I have just never experienced anything as chaotic, as poorly managed, and with such serious implications for people in Afghanistan.
'What drove me to share information with the media was the complete lack of accountability for those failures, and denial of the truth as I knew it.'
Ms Stewart, who lives in Kendal, Cumbria, said her employment tribunal case publicised evidence about the Afghanistan evacuation 'that an inquiry by a cross-party Parliamentary Committee was not able to get out of FCDO'.
She added that this raised 'important questions about parliamentary accountability'.
Discussing the then government, she said: 'From my own experience and knowledge, they absolutely were misleading the public.'
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 heard that Ms Stewart had 'experienced a culture in FCDO which silences concerns and ostracises those who raise them'.
The tribunal 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.
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.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Telegraph
an hour ago
- Telegraph
Iran asks Taliban for ‘kill list' so it can hunt down MI6 spies
Leaders of Iran's Revolutionary Guards have asked the Taliban for access to a leaked list of Afghans who helped Britain so they can hunt down MI6 spies. The Tehran regime hopes to examine the list of nearly 25,000 Afghans who worked with British forces as they seek leverage with the West ahead of nuclear negotiations this autumn. The so-called 'kill list' contains the names of Afghans who were applying for asylum, including soldiers who had worked with the British Army, intelligence assets and special forces. Some are believed to have subsequently fled to Iran. In a sign that the two sides are already collaborating, at least one Afghan whose name was allegedly on the list has been deported from Iran to Kabul in the past few days. A senior Iranian official in Tehran confirmed that the Islamic Revolutionary Guard Corps (IRGC) had formally requested that the Taliban government share the leaked list. It is understood that MI6 intelligence assets will take priority in the search. He said: 'On the Iranian side, there are also efforts to find the list, with a special committee assigned for it. There have been discussions on cooperation between Tehran and Kabul on this issue as it can help both countries for negotiations with the West.' The Telegraph understands that Taliban leadership in Kandahar has also ordered officers in Kabul to arrest as many individuals as possible from the leaked document to use them as leverage in exerting diplomatic pressure on London. The database was accidentally leaked in February 2022 when a Royal Marine emailed the complete file to Afghan contacts in Britain instead of sending a small extract. The spreadsheet contained names, telephone numbers and email addresses of Afghan soldiers, government workers and family members who applied to relocate to Britain under the Afghan Relocations and Assistance Policy after the 2021 Western military withdrawal. The list also included identities of more than 100 British special forces personnel and MI6 operatives who had vouched for Afghan applicants. A Taliban government official told The Telegraph that they obtained the spreadsheet in 2022. Speaking to this newspaper last month, he said: 'After the reports were published in England, it became clear how significant this leak was. The order is to arrest as many individuals as possible to use them as a tool of diplomatic pressure against England.' The IRGC's demand comes after Britain, France and Germany threatened Tehran with a so-called snapback mechanism, which would restore UN Security Council resolutions against Iran, if no progress is made on negotiations over its nuclear programme by August 30. The most significant resolution that would return is 1929, adopted in June 2010, which expanded sanctions beyond technical nuclear restrictions to target Iran's broader economy. The resolution required all UN members to take 'all necessary measures' to enforce Iran's enrichment ban and ballistic missile restrictions. Iran has refused to abandon uranium enrichment that could ultimately lead to a nuclear weapon, despite a bombing campaign by Israel and the US last month. Iranian authorities want to check borders and detain Afghans in Iran whose names appear on the list, with particular focus on those who worked as intelligence operatives, according to the Iranian official. He said: 'There is an urgency to find as many of them as possible before the snapback deadlines arrive to use them as backdoor bargaining tools.' A Ministry of Defence spokesperson said: 'We take the safety of our personnel very seriously and personnel, particularly those in sensitive positions, always have appropriate measures in place to protect their security. 'The independent Rimmer Review concluded that it is highly unlikely that merely being on the spreadsheet means an individual is more likely to be targeted, and this is the basis on which the court lifted its super-injunction.' David Lammy, the Foreign Secretary, is prepared to trigger sanctions against Iran to prevent it from developing nuclear weapons, The Telegraph revealed last year. The UK remains a participant in the 2015 Joint Comprehensive Plan of Action and can unilaterally force a return to sanctions if it considers Iran has violated the deal's terms. At least one Afghan whose name appeared on the leaked list, and who had escaped to Iran after the leak, was detained for deportation on Friday. His son was ill, and his wife and two daughters remained in Iran, the deported man said, 'unable even to go out and buy bread.' 'They arrested me on the street, handcuffed me, and sent me to a deportation camp,' he told The Telegraph from Kabul. 'I pleaded with them. I told them my life would be in danger in Afghanistan. I shouted, 'Where are human rights?' But they didn't care. They sent me straight to the border.' 'They can come and kill me any moment' He questioned whether the Government was truly unaware of what was happening in Iran. 'There are many people like me there – being deported, being arrested,' he said. 'The British know all of this. If they wanted to help, they would've done it already. But they don't want to.' Now in Kabul, he said he was constantly on the move, hiding in a different place each night, afraid for his own safety and for his family left behind in Iran. 'They can come and kill me any moment,' he said. 'But it doesn't matter to anyone any more. That's just my life now.' He expressed bitter frustration over the UK's resettlement priorities. 'I hope the Brits are happy – they took cooks and masseurs to Britain, but those who lost their eyes serving British forces, and many more are left behind,' he said. 'Maybe that's what they wanted. I just regret not realising it sooner.' He asked how it was possible that the Government – 'once rulers of half the world – could remain blind to the situation'. 'They took cooks, but left behind generals and colonels,' he said. 'What kind of logic is that?' The Telegraph has revealed that former Taliban members were brought to the UK on British evacuation flights from Afghanistan after the leak. The individuals were flown out for their safety, but among them were suspected jihadists, sex offenders, corrupt officials, and people previously jailed by US-led forces – raising concerns over poor vetting. Insiders say some Afghans are also exploiting a family reunion scheme set up after the leak and are using it to enter the UK under false pretences. The Telegraph understands that evacuated migrants are offering people in Afghanistan help to get to Britain, including fake family links for up to £20,000 per person. Iran is using espionage allegations against Afghans as a pretext for the mass arrests and deportations following the recent conflict with Israel. The Telegraph spoke to Afghans in Iran, at the border, and in Afghanistan, who said the regime in Tehran was targeting them to divert public attention from its 'humiliation' by Israel in last month's 12-day war. During the conflict, daily deportations jumped from 2,000 to over 30,000 as Iranian authorities turned public anger toward the vulnerable minority. Those persecuted by the regime also reported suffering widespread abuses including beatings and arbitrary detention. The Government imposed a super-injunction in September 2023 preventing media coverage of the data breach, which has been described as one of the most damaging intelligence leaks in recent history. The injunction was extended before last year's election, despite a judge's decision to lift it in May 2024. Johnny Mercer, the former Conservative veterans minister who served in Afghanistan, called the leak 'gut-wrenching.' The Government established an emergency scheme called the Afghanistan Response Route in March 2024 to airlift people named in the breach to the UK. The total relocation program for Afghans could cost up to £7bn of taxpayers' money.
BBC News
4 hours ago
- BBC News
Sussex parents being held in Iran's 'worst prisons', says son
The son of a British couple detained in Iran has learnt about their whereabouts after seven months of "silence and uncertainty". Joe Bennett said the UK government had confirmed Lindsay and Craig Foreman, from East Sussex, had been separated and were being held in "Iran's worst prisons". The couple, who were on a once-in-a-lifetime trip around the world, were detained by Iranian authorities in January and later charged with espionage – something the family denies. A Foreign, Commonwealth & Development Office (FCDO) spokesperson said they were continuing to raise their case directly with Iran's government. "We are providing them with consular assistance and remain in close contact with their family members," they added. 'Leverage' Mr Bennett said his mum has been transferred to Qarchak Prison, a female-only facility that Iran Human Rights says "disregards the most basic principles of human dignity".Violence, abuse, severe overcrowding, unsanitary drinking water, a lack of basic facilities or adequate healthcare services and degrading, gender-based treatment have been documented by the NGO at the prison. Mr Bennett said his dad was being held in Fashafouyeh Prison, where inmates reportedly suffer inhumane, overcrowded and unsanitary conditions, including severely limited water resources. Mr Bennett, from Folkestone in Kent, added the family "feared" for his parents' mental and physical welfare, though they were trying to be strong for them. "We haven't really got proof of life," he said. Mr Bennett said his understanding was they had been held in solitary confinement for 30 days."I could not imagine what that was like," he told BBC Radio Kent. He said that visits by British officials had found his dad was "dishevelled and had lost a lot of weight", while his mum was not walking very well due to prison conditions. Mr Bennett added he believed the couple were being held as political "leverage". Iran's government previously held Nazanin Zaghari-Ratcliffe, a British-Iranian national, for six years in what was widely seen as an attempt to pressure the UK to pay a long-standing, multi-million-pound Bennett called on the FCDO to "do everything they can" to secure their release.
The Independent
9 hours ago
- The Independent
Pakistan resumes forced expulsions of 1.4 million Afghan refugees despite UN concerns
Authorities in Pakistan have resumed the forced deportations of Afghan refugees after the federal government declined to extend a key deadline for their stay, officials said Monday. The decision affects approximately 1.4 million Afghans holding Proof of Registration cards, whose legal status expired at the end of June. Many had hoped for a one-year extension to settle personal affairs, such as selling property or concluding business, before returning to Afghanistan. In addition to PoR card holders, around 800,000 Afghans hold Afghan Citizen Cards. Police say they also are living in the country illegally and being detained prior to deportations in the eastern Punjab, southwestern Balochistan and southern Sindh province. Monday's decision drew criticism from the United Nations High Commissioner for Refugees, the U.N. refugee agency. At least 1.2 million Afghans have been forced to return from Iran and Pakistan this year, according to a June UNHCR report. Repatriations on such a massive scale have the potential to destabilize the fragile situation in Afghanistan, where the Taliban government came into power in 2021. A July 31 government notification seen by The Associated Press confirms Pakistan's decision to repatriate all Afghan nationals holding expired PoR cards. It states Afghans without valid passports and Pakistani visas are in the country illegally and must return to their homeland under Pakistani immigration laws. Police across Pakistan are detaining Afghans to transport them to border crossings, according to two government and security officials who spoke on condition of anonymity because they were not authorized to speak publicly. They said there are no mass arrests and police were told to go to house-to-house and make random checks to detain foreigners living in the country illegally. 'Yes, the Afghan refugees living in Pakistan illegally are being sent back in a dignified way,' said Shakeel Khan, commissioner for Afghan refugees in the northwestern Khyber Pakhtunkhwa province. The latest operation is the most significant step yet under orders from federal government in Islamabad, he said. Rehmat Ullah, 35, an Afghan, said his family migrated to Pakistan's northwestern Peshawar city decades ago and now is preparing to return home. 'I have five children and my concern is that they will miss their education,' he said. 'I was born here, my children were born here and now we are going back,' he said. Millions have fled to Pakistan over the past four decades to escape war, political unrest and economic hardship. The renewed deportation drive follows a nationwide crackdown launched in 2023 targeting foreigners living illegally in Pakistan. The Interior Ministry, which oversees the campaign, did not immediately comment. Qaiser Khan Afridi, a spokesperson for the U.N. refugee agency, expressed deep concern over the government's recent actions. 'Sending people back in this manner is tantamount to refoulement and a breach of a state's international obligations,' Afridi said in a statement, urging Pakistan to adopt a 'humane approach to ensure voluntary, gradual, and dignified return of Afghans' and praised the country for hosting millions of Afghan refugees for more than 40 years. 'We call on the government to halt the forcible return and ensure a gradual, voluntary and dignified repatriation process,' Afridi said. 'Such massive and hasty return could jeopardize the lives and freedom of Afghan refugees, while also risking instability not only in Afghanistan but across the region.'
