Whistleblower who exposed chaos of Afghanistan evacuation wins unfair dismissal case against government
Josie Stewart, a former senior official who had worked at the Foreign, Commonwealth and Development Office (FCDO) for seven years, lost her job after giving an anonymous interview to BBC Newsnight which saw her speak about her 'traumatic experiences' working in the Afghanistan Crisis Centre in summer 2021.
Following the Taliban gaining control of Afghanistan, the British government evacuated 15,000 people from Kabul in what was known as Operation Pitting.
Ms Stewart's security clearance was revoked and she subsequently lost her job after it emerged she revealed failings in the withdrawal from Kabul, as well as leaking emails suggesting that former prime minister Boris Johnson had prioritised staff from the animal charity Nowzad for evacuation over more deserving cases.
An employment panel of three judges found the FCDO unfairly dismissed Ms Stewart after she leaked information in the public interest.
In a legal first, the tribunal ruled that under whistleblower protection legislation it can be lawful for a civil servant to share unauthorised information directly with the media.
At a hearing which took place last May, counsel for the FCDO Ben Collins KC argued that the right to blow the whistle did not extend to giving security clearance to those with a record of leaking.
But Gavin Millar KC, the barrister acting for Ms Stewart, said such an argument would 'drive a coach and horses through' the Public Interest Disclosure Act 1998, aimed at protecting whistleblowers, if it succeeded.
In submissions to the panel, Mr Millar said that Ms Stewart's whistleblowing related to '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'.
A landmark judgment issued on Tuesday said: 'The tribunal considered that it was reasonable for the claimant to go to the UK's public service broadcaster when relevant information and/or allegations had already been put into the public domain … and government ministers were publicly disputing them.'
The judgement continued: 'Was the claimant's belief that she made the disclosure in 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.'
However, the panel accepted that it was unavoidable that Ms Stewart was suspended from work 'while her security clearance was reviewed, as she was required to have such clearance'.
The judgement was dubbed 'groundbreaking' by Ms Stewart's solicitors, James and West, saying it was 'without precedent and raised numerous important issues about civil servants' rights to whistleblower protection under existing law'.
Ms Stewart said: 'My experience of the FCDO crisis centre in August 2021 reflected the worst of our political system. 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.
'We can't have a system that stays stay silent no matter what you see, and forces dedicated public servants to choose between their conscience and their career.'
Cathy James, Ms Stewart's solicitor, added: 'Today, the employment tribunal has vindicated my client's actions and upheld her rights. 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.'
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Wales Online
2 hours ago
- Wales Online
Girl, 12, isolated after wearing Union Flag dress to school culture day
Girl, 12, isolated after wearing Union Flag dress to school culture day Pupils had been asked to celebrate their culture and heritage Stuart Field and his daughter Courtney Wright and her Union flag dress. A 12-year-old girl was left devastated after being put into isolation for wearing a Union Flag dress to celebrate being British at her school's culture day. 'Straight A' student Courtney Wright wore the Spice Girls-esque dress and wrote a speech about history and traditions as part of the celebrations on Friday. But the Year 7 pupil was left shocked after being told the dress was "unacceptable" and she was hauled out of lessons and made to sit in reception until her father collected her. Dad Stuart Field, 47, said he was shocked to learn she had been segregated from her peers due to her choice of attire at Bilton School in Rugby, Warks. Stuart, who works in marine restoration, said: "Courtney was so embarrassed and couldn't understand what she'd done wrong. She should not be made to feel embarrassed about being British. And she shouldn't be punished for celebrating being British culture and history - nobody else I've spoken to can quite get their heads around it. "Somebody at the school has politicised a Union Jack dress even though that was clearly not Courtney's intent. Courtney didn't do anything to be political. It's about being British, the Spice Girls and even the freedom of being able to wear a dress. "This was her interpretation of British culture and what it means to her." In a permission letter sent to parents, it said the Culture Celebration Day was "designed to promote inclusion, understanding, and appreciation of different backgrounds, traditions and heritages". But Stuart said the school's actions went against the message of inclusion and other pupils with St George's flags and Welsh flags were also turned away from the school gates. Article continues below Courtney Wright and her Union flag dress. The dad-of-five added: "It's the school who have made it political and it went against everything the event was being held for. She chose the dress and wrote the piece off her own back. They day was to celebrate everyone's cultures and Courtney chose this Union Flag dress so she could celebrate hers. "She also wrote this speech to go with it and was very proud of what she'd done. The next thing I get a call at work at around 9am to say she's not allowed in school dressed like that and that it was unacceptable. I wasn't able to get away from work until about midday. They made her sit in reception all morning in front of the receptionists and kept her in isolation. "She's a straight A student, one of the brightest in her year and she's never been in trouble before so she was really upset. All the kids there are British in my eyes, I like to think I'm a tolerant person but this was just not right. "I wanted an answer as to why they thought this was acceptable - and nobody could give me a straight answer, I wanted to know how they had justified it. I spoke to her head of year, and he said he wasn't the best person to talk to about it, so I can only assume he didn't really agree with it either. "It obviously came from above him but I don't know for sure who made the decision. I was fobbed off and told that I'd get a phone call and I took Courtney straight out for a nice meal to cheer her up. If anything I was extremely proud of what she chosen and what she had written in her speech. "She wanted to celebrate being British, she couldn't understand what was wrong with that. She wasn't the only kid picked out either - one child from a farming background was turned away at the gates for wearing traditional flat-cap and checked shirt. Another with a St George's flag and another with a Welsh flag were not allowed in either. It was ridiculous. Stuart Field and his daughter Courtney Wright and her Union flag dress. "It just seemed anything that was remotely British wasn't allowed. It's ironic they were having a cultural diversity day but then decided to single out a group of people. Others were allowed in burkas, niqabs or traditional Nigerian clothing. "They didn't even read or listen to her speech which actually celebrates inclusivity and other cultures. It was just like British culture could not be celebrated. She was punished for being proud of being British. The school backtracked and eventually apologised, I think once the school governors became involved. "But the damage had already been done, Courtney should not be have been made to feel that way. I put a post on Facebook and I've had messages of support from all over the world really, from Poland to Australia to America. Everybody is saying how ridiculous it is that any young person cannot celebrate where they are from. "The school now want her to come back and read the speech, but she doesn't feel comfortable about it or wearing the dress anymore. She feels like the school is parading her a bit now. It could have all been avoided if the school just followed their own policy of inclusivity and let everyone share a little about their culture." The school contacted Stuart over the weekend and has since apologised for the move. A spokesman for Stowe Valley Trust said: "At Bilton School, we are proud of the diversity of our students and the rich heritage they bring to our community. We are committed to fostering an environment where every pupil feels respected, valued, and included. "On Friday 11th July, an incident occurred during our Culture Celebration Day that caused considerable upset to one of our pupils, her family, and members of the wider community. We deeply regret the distress this has caused and offer our sincere and unreserved apologies. We have since spoken directly with the pupil and her family to listen to their concerns and reflect on how this could have been handled better. "We are committed to learning from this experience and ensuring that every student feels recognised and supported when expressing pride in their heritage. As a school, we are reviewing our policies and strengthening staff training to ensure our practices reflect our values of inclusion, respect, and understanding for all.' Courtney's speech for cultural day: Today I want to talk about my culture — British culture — and why it's important to me. In Britain, we have lots of traditions including drinking tea, our love for talking about the weather and we have the royal family. We have amazing history, like kings and queens, castles, and writers like Shakespeare. It's also modern, diverse and always changing - with music fashion and food from all around the world blending into daily life. And let's not forget fish and chips! Its also the way we speak, our humour, our values of fairness and politeness, and the mix of old traditions and new ideas. But sometimes at school, we only hear about other cultures — which is great because learning about different countries is interesting and important. But it can feel like being British doesn't count as a culture, just because it's the majority. Article continues below I think culture should be for everyone — not just for people from other countries or backgrounds. Being British is still a culture, and it matters too. It's part of who I am. So let's celebrate all cultures — whether they come from far away or right here at home.
ITV News
3 hours ago
- ITV News
Antisemitism an ‘urgent issue' for all of British society, Penny Mordaunt warns
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The Herald Scotland
3 hours ago
- The Herald Scotland
Why have we let the RMT wreck our ferry services?
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Israel's former prime minister Ehud Olmert is reported online as having said: 'The 'humanitarian city' Israel's defence minister has proposed building on the ruins of Rafah would be a concentration camp, and forcing Palestinians inside would be ethnic cleansing ... Israel was already committing war crimes in Gaza and the West Bank and construction of the camp would mark an escalation.' What is unacceptable from the UK's perspective is Keir Starmer's failure to make a statement along the following lines: 'Enough is enough! I have told the inconceivably malign Benjamin Netanyahu that I no longer support his criminal actions in Gaza. And what is more I will do everything I can to stop him building his concentration camp in Gaza for the few Gazans that are left alive.' How can any voter in the UK so much as contemplate ever voting for Keir Starmer again until he does so? John Milne, Uddingston.
