Ms N Tahri Hassani v Bank Of Africa United Kingdom plc and 2 others — 2023

The respondent's application for reconsideration was refused under rule 72. The only ground advanced was that the Tribunal had erred in including material from the private and confidential Ocreus report in its reasons. The Tribunal said the confidentiality issue had been addressed repeatedly during the hearing, that the parties had agreed it could read the report to assess relevance, and that it had not promised that the judgment would contain no mention of the report.

The Tribunal said some of the report was relevant to the issues, including the claimant's public interest disclosures and the pleaded detriment that the respondents unreasonably criticised her to Ocreus. It accepted the report was strictly confidential, so evidence about it was heard in private, but concluded that limited disclosure in the judgment was justified because the public interest in explaining its findings outweighed confidentiality. It found there was a correlation between the claimant's concerns and matters in the report, and that the 2nd and 3rd respondents had made serious criticisms of the claimant to Ocreus and were not truthful about their interactions with Ocreus.

The reconsideration reasons refer back to the reserved April 2023 judgment as having found that the claimant became an employee of the first respondent on 8 January 2021, made seven protected disclosures, suffered five whistleblowing detriments, and was automatically unfairly dismissed. The reasons also state that the remaining complaints were dismissed. No remedy figures are recorded in this reconsideration ruling.