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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
North Wales Chronicle
15 minutes ago
- North Wales Chronicle
Councils consider legal bids as ministers face Epping hotel ruling aftermath
Ministers are now bracing for further legal challenges from councils after Epping Forest District Council was granted a temporary injunction by the High Court on Tuesday. The ruling blocks asylum seekers from being housed at the Bell Hotel in the Essex town, and current residents must be removed by September 12. On Wednesday, some Conservative and Reform UK-led authorities said they were looking at their options to take similar action. Conservative-run Broxbourne Council in Hertfordshire has said it was taking legal advice 'as a matter of urgency', while Tory-run East Lindsey District Council in Lincolnshire said officers are investigating and 'will take appropriate action'. Reform UK-led councils, West Northamptonshire Council and Staffordshire County Council, also said the authorities would look at the options available after the High Court ruling. When Robert Jenrick was immigration minister he grew the number of illegal migrants living in free hotels to 56,000. He is no friend of Epping. — Nigel Farage MP (@Nigel_Farage) August 20, 2025 Ian Cooper, leader of Staffordshire County Council, said: 'The control and protection of our country's borders is a national issue, but the impact of central government policy is felt in communities across Staffordshire.' It comes as Reform UK leader Nigel Farage has indicated that councils run by his party will consider their own legal challenges. However, a number of these councils do not have responsibility for planning permission, which may limit their ability to launch legal challenges. Epping Forest District Council had asked a judge to issue an interim injunction stopping migrants from being accommodated at the Bell Hotel after it had been at the centre of protests in recent weeks. The demonstrations came after an asylum seeker, who was staying there, was charged with sexually assaulting a 14-year-old girl. He denies the charge and is due to stand trial later this month. The Home Office had warned the judge that an injunction could 'interfere' with the department's legal obligations, and lawyers representing the hotel's owner argued it would set a 'precedent'. Reacting to the ruling on Wednesday, security minister Dan Jarvis told Times Radio: 'We're looking at a range of different contingency options following from a legal ruling that took place yesterday, and we'll look closely at what we're able to do.' Asked whether other migrant hotels have the proper planning permission, Mr Jarvis said: 'Well, we'll see over the next few days and weeks. 'Other local authorities will be considering whether they wish to act in the same way that Epping (Forest) District Council have. A STATEMENT FROM NIGEL FARAGE This is a victory for the parents and concerned residents of Epping. They do not want their young women being assaulted on the streets. This community stood up bravely, despite being slandered as far right, and have won. They represent the vast… — Nigel Farage MP (@Nigel_Farage) August 19, 2025 'I think the important point to make is that nobody really thinks that hotels are a sustainable location to accommodate asylum seekers. 'That's precisely why the Government has made a commitment that, by the end of this Parliament, we would have phased out the use of them.' On Wednesday shadow home secretary Chris Philp also pressed ministers not to re-house the asylum seekers at the Bell Hotel into other hotels or flats 'sorely needed by young people'. In a letter to Home Secretary Yvette Cooper, Mr Philp wrote: 'Up and down the country people are furious about the number of illegal migrants being housed in hotels – which rose in the nine months following the election under Labour. Following the ruling in Epping and the ongoing migrant crisis I have written to Yvette Cooper calling for: 1. An emergency cabinet meeting (they had one for recognising Palestine recently) to bring forward plans for the immediate deportation of all illegal immigrants upon… — Chris Philp MP (@CPhilpOfficial) August 20, 2025 'People are also concerned that you are now moving people from hotels into apartments and other accommodation which is sorely needed by young people here who are struggling under this Labour Government.' The Conservative MP also called for an emergency Cabinet meeting to set up plans to deport migrants crossing the Channel on arrival. Meanwhile Mr Farage has called for peaceful protests outside hotels housing asylum seekers to put pressure on local authorities to take the same route as Epping Forest. Writing in The Telegraph, he said: 'Now the good people of Epping must inspire similar protests around Britain. 'Wherever people are concerned about the threat posed by young undocumented males living in local hotels and who are free to walk their streets, they should follow the example of the town in Essex. 'Let's hold peaceful protests outside the migrant hotels, and put pressure on local councils to go to court to try and get the illegal immigrants out; we now know that together we can win.' Our work with international partners is vital to stopping small boat crossings to the UK. A joint intelligence unit involving the @NCA_UK and French counterparts has helped dismantle at least 52 organised immigration crime gangs operating in France. — Home Office (@ukhomeoffice) August 17, 2025 The latest Home Office data showed there were 32,345 asylum seekers being housed temporarily in UK hotels at the end of March. This was down 15% from the end of December, when the total was 38,079, and 6% lower than the 34,530 at the same point a year earlier. New figures – published among the usual quarterly immigration data release – are expected on Thursday, showing numbers in hotels at the end of June. Figures for hotels published by the Home Office date back to December 2022 and showed numbers hit a peak at the end of September 2023 when there were 56,042 asylum seekers in hotels.
North Wales Chronicle
15 minutes ago
- North Wales Chronicle
Treasury minister fails to rule out hitting homeowners with capital gains tax
Chancellor Rachel Reeves is reported to be considering ending the current exemption from CGT for primary residences as she seeks ways to raise cash in the face of dire warnings about the state of the public finances. Such a move would see higher-rate taxpayers pay 24% of any gain in the value of their home, while basic rate taxpayers would be hit with an 18% levy. The Times reported that under the proposals being considered for the autumn budget, the private residence relief would end for properties above a certain threshold. The threshold is still under consideration but a £1.5 million starting point would hit around 120,000 homeowners who are higher-rate taxpayers with capital gains tax bills of £199,973, the newspaper reported. Treasury minister Torsten Bell declined to rule out hitting people selling their homes with CGT, insisting any potential changes were matters for the Chancellor and would be set out at a budget. Asked to rule out the move, the pensions minister told broadcasters: 'Working people and people's living standards is what this Government is all about. 'We've seen wages rise more in the first 10 months of this Government than the first 10 years of the last Conservative government. 'But of course, as you know, questions for tax are for the budget and they're for chancellors.' Ending primary residence relief could deter people from selling their homes, slowing the housing market and could have a particular impact for older people looking to downsize. The Labour government has ruled out increasing income tax, employees' national insurance contributions and VAT, restricting Ms Reeves' options when it comes to raising money. The scale of the challenge facing her in the autumn budget was illustrated by the NIESR economic think tank warning this month that Ms Reeves is set for a £41 billion shortfall on her self-imposed rule of balancing day-to-day spending with tax receipts in 2029-30. Tory leader Kemi Badenoch hit out at the Chancellor's 'disastrous economic mismanagement' and said the Government was 'stuck in a doom loop of low growth and higher taxes'. She said: 'We should be cutting spending, cutting taxes, and backing the makers who keep our country going.' Any move to hit expensive properties would be likely to impact more heavily on London than other parts of the country. Analysis by Rightmove suggested 10.9% of homes for sale in the capital would exceed a £1.5 million threshold, compared with 1.6% outside London. Rightmove's Colleen Babcock said: 'In essence, this would predominantly be a tax on the most expensive areas of London and the South East. 'The London market is already feeling the effects of taxation more acutely than other parts of England, and this is likely to deter some moves at the upper end.'
Rhyl Journal
15 minutes ago
- Rhyl Journal
Councils consider legal bids as ministers face Epping hotel ruling aftermath
Ministers are now bracing for further legal challenges from councils after Epping Forest District Council was granted a temporary injunction by the High Court on Tuesday. The ruling blocks asylum seekers from being housed at the Bell Hotel in the Essex town, and current residents must be removed by September 12. On Wednesday, some Conservative and Reform UK-led authorities said they were looking at their options to take similar action. Conservative-run Broxbourne Council in Hertfordshire has said it was taking legal advice 'as a matter of urgency', while Tory-run East Lindsey District Council in Lincolnshire said officers are investigating and 'will take appropriate action'. Reform UK-led councils, West Northamptonshire Council and Staffordshire County Council, also said the authorities would look at the options available after the High Court ruling. When Robert Jenrick was immigration minister he grew the number of illegal migrants living in free hotels to 56,000. He is no friend of Epping. — Nigel Farage MP (@Nigel_Farage) August 20, 2025 Ian Cooper, leader of Staffordshire County Council, said: 'The control and protection of our country's borders is a national issue, but the impact of central government policy is felt in communities across Staffordshire.' It comes as Reform UK leader Nigel Farage has indicated that councils run by his party will consider their own legal challenges. However, a number of these councils do not have responsibility for planning permission, which may limit their ability to launch legal challenges. Epping Forest District Council had asked a judge to issue an interim injunction stopping migrants from being accommodated at the Bell Hotel after it had been at the centre of protests in recent weeks. The demonstrations came after an asylum seeker, who was staying there, was charged with sexually assaulting a 14-year-old girl. He denies the charge and is due to stand trial later this month. The Home Office had warned the judge that an injunction could 'interfere' with the department's legal obligations, and lawyers representing the hotel's owner argued it would set a 'precedent'. Reacting to the ruling on Wednesday, security minister Dan Jarvis told Times Radio: 'We're looking at a range of different contingency options following from a legal ruling that took place yesterday, and we'll look closely at what we're able to do.' Asked whether other migrant hotels have the proper planning permission, Mr Jarvis said: 'Well, we'll see over the next few days and weeks. 'Other local authorities will be considering whether they wish to act in the same way that Epping (Forest) District Council have. A STATEMENT FROM NIGEL FARAGE This is a victory for the parents and concerned residents of Epping. They do not want their young women being assaulted on the streets. This community stood up bravely, despite being slandered as far right, and have won. They represent the vast… — Nigel Farage MP (@Nigel_Farage) August 19, 2025 'I think the important point to make is that nobody really thinks that hotels are a sustainable location to accommodate asylum seekers. 'That's precisely why the Government has made a commitment that, by the end of this Parliament, we would have phased out the use of them.' On Wednesday shadow home secretary Chris Philp also pressed ministers not to re-house the asylum seekers at the Bell Hotel into other hotels or flats 'sorely needed by young people'. In a letter to Home Secretary Yvette Cooper, Mr Philp wrote: 'Up and down the country people are furious about the number of illegal migrants being housed in hotels – which rose in the nine months following the election under Labour. Following the ruling in Epping and the ongoing migrant crisis I have written to Yvette Cooper calling for: 1. An emergency cabinet meeting (they had one for recognising Palestine recently) to bring forward plans for the immediate deportation of all illegal immigrants upon… — Chris Philp MP (@CPhilpOfficial) August 20, 2025 'People are also concerned that you are now moving people from hotels into apartments and other accommodation which is sorely needed by young people here who are struggling under this Labour Government.' The Conservative MP also called for an emergency Cabinet meeting to set up plans to deport migrants crossing the Channel on arrival. Meanwhile Mr Farage has called for peaceful protests outside hotels housing asylum seekers to put pressure on local authorities to take the same route as Epping Forest. Writing in The Telegraph, he said: 'Now the good people of Epping must inspire similar protests around Britain. 'Wherever people are concerned about the threat posed by young undocumented males living in local hotels and who are free to walk their streets, they should follow the example of the town in Essex. 'Let's hold peaceful protests outside the migrant hotels, and put pressure on local councils to go to court to try and get the illegal immigrants out; we now know that together we can win.' Our work with international partners is vital to stopping small boat crossings to the UK. A joint intelligence unit involving the @NCA_UK and French counterparts has helped dismantle at least 52 organised immigration crime gangs operating in France. — Home Office (@ukhomeoffice) August 17, 2025 The latest Home Office data showed there were 32,345 asylum seekers being housed temporarily in UK hotels at the end of March. This was down 15% from the end of December, when the total was 38,079, and 6% lower than the 34,530 at the same point a year earlier. New figures – published among the usual quarterly immigration data release – are expected on Thursday, showing numbers in hotels at the end of June. Figures for hotels published by the Home Office date back to December 2022 and showed numbers hit a peak at the end of September 2023 when there were 56,042 asylum seekers in hotels.
