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Employment Tribunal considers parliamentary privilege issues in Kabul whistleblower case

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Josie Stewart was dismissed by the Foreign and Commonwealth Office in 2022 after she gave BBC Newsnight an anonymous interview describing the failings of the Afghan Crisis Centre, in which she had worked and which oversaw the British evacuation from Kabul in August 2021.

She is pursuing public interest disclosure claims under Part IVA of the Employment Rights Act in the Central London Employment Tribunal, including in respect of her dismissal.

This week the Tribunal heard argument on the FCDO’s application to strike out key parts of her witness statement on grounds of parliamentary privilege. These refer to evidence given to the Foreign Affairs Select Committee by the then Foreign Secretary (Dominic Raab), senior civil servants and a fellow ACC whistleblower, as part of her explanation for why she made her disclosures to the BBC. The Tribunal has reserved its decision.

Gavin Millar KC and Darryl Hutcheon represent Ms Stewart, instructed by Cathy James of James & West Solicitors.

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