Olivier Argence-Lafon v Ark Syndicate Management Limited

Facts

Mr Argence-Lafon's employment transferred to Ark Syndicate Management Limited under the Transfer of Undertakings (Protection of Employment) Regulations 2006, and he continued as a senior underwriter. He raised concerns that an insurance claim, referred to as the Ken Bau loss, was fraudulent, and after months of dispute the Respondent set him three performance objectives he considered unachievable before placing him on a formal performance improvement plan. Following a grievance, a grievance appeal and a disciplinary hearing at which the Respondent for the first time raised an alleged breakdown of trust and confidence arising from his fraud allegations against his managers, he was dismissed on 9 August 2021, and his internal appeal was rejected. He brought Employment Tribunal claims for detriment and automatically unfair dismissal for making protected disclosures under section 47B of the Employment Rights Act 1996 and section 103A of the Employment Rights Act 1996, and for ordinary unfair dismissal. The ET dismissed the whistleblowing claims but, applying section 98(4) of the Employment Rights Act 1996, upheld ordinary unfair dismissal. Mr Argence-Lafon appealed to the EAT on the whistleblowing claim; the Respondent cross-appealed the unfair dismissal finding. HHJ James Tayler dismissed Mr Argence-Lafon's appeal but allowed the cross-appeal, remitting the unfair dismissal claim to the ET. Bean LJ gave permission for a further appeal limited to the ground challenging that remittal.