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ARTICLE · 21 JULY 2016

Dismissing For Poor Performance When The Employee Has Raised 'Whistleblowing' Concerns

Withers LLP
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The case of Royal Mail Group Limited -v- Ms K Jhuti concerned a scenario that might be unnervingly familiar to many. Ms Jhuti was a new employee who was discontented about the allocation of accounts to her.

United KingdomEmployment and HR

The case of Royal Mail Group Limited -v- Ms K Jhuti concerned a scenario that might be unnervingly familiar to many.

The facts

Ms Jhuti was a new employee who was discontented about the allocation of accounts to her. Early in her employment she had witnessed what she believed was wrongdoing and she raised it with her manager by e-mail at the same time as asking him to rectify the situation with her accounts.

There followed a discussion between Ms Jhuti and her manager about the alleged wrongdoing (which related to a standard company practice called 'TMIs'). The two individuals' later accounts of that discussion varied 'dramatically'. Her account was that she was pressured into retracting the e-mailed allegations and was given a dressing down. His account was that he explained to Ms Jhuti why her understanding of the matter was mistaken.

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