Mr Argence-Lafon, a marine insurance underwriter, raised concerns about a US$50m claim he believed was fraudulent. Independent investigations confirmed the claim was valid, but he continued pursuing his allegations, which affected his performance. Ark placed him on a capability plan and ultimately dismissed him for refusing lawful instructions and a breakdown of trust. He claimed unfair dismissal and unlawful detriment.

The Employment Tribunal found that management actions, including the performance plan, were reasonable and not retaliatory, though the dismissal was procedurally unfair due to inadequate notice of allegations. Whilst whistleblowing protections do not prevent lawful management action, employers must still follow fair processes.

Key takeaways for employers:

Ms Ritchie, in her mid-sixties, worked alongside younger colleagues in a busy office. She raised repeated concerns about noise, phone use, and frequent breaks. Her requests to work from home were declined, and after submitting a grievance, she went off sick, resigned, and brought multiple claims including age discrimination, harassment, and unfair dismissal.

The Employment Tribunal dismissed all claims, finding the lively office environment did not constitute discrimination or harassment. Ms Ritchie’s expectations were deemed unreasonable, as she tried to apply her own workstyle to all colleagues.

Key takeaways for employers:

• Set and communicate clear workplace policies and expectations.

• Address conflicts and performance issues promptly.

• Accommodate different workstyles where possible.

• Document all concerns and actions.

• Use mediation for persistent disputes.