Claimant v Crown Prosecution Service
Outcome
Individual claims
The tribunal struck out allegations 33, 34, 36g, 36h and 36i as having no reasonable prospect of success. The tribunal found that whether or not the claimant made a qualifying protected disclosure, the detriments and dismissal were not as a result of that disclosure but because the respondent had no option but to terminate employment due to the claimant's ineligibility under Civil Service Nationality Rules.
Detriment claims (allegations 33, 34, 36g, 36h, 36i) struck out as having no reasonable prospect of success. The tribunal found that any detriments were not retribution for making the respondent aware of ineligibility but a necessary consequence of the claimant being ineligible for civil service employment under nationality rules.
Facts
The claimant, a Chinese national with refugee status, was employed by the CPS as a Casework Assistant earning £21,930. He discovered he was ineligible for civil service employment under Civil Service Nationality Rules and reported this to his employer on 12 February 2024. He was suspended, and dismissed with notice on 1 March 2024. The respondent explored whether an Alien Certificate could be obtained but determined this was not appropriate for his junior role which could be filled by UK nationals.
Decision
The tribunal struck out specific allegations (33, 34, 36g, 36h, 36i) as having no reasonable prospect of success. The tribunal found that even if the claimant made a protected disclosure by reporting his ineligibility, his dismissal and any detriments were not because of that disclosure but because the respondent had no option but to terminate his employment due to Civil Service Nationality Rules.
Practical note
A dismissal resulting from an employee's ineligibility to work under mandatory nationality rules cannot succeed as a whistleblowing claim, even where the employee disclosed their own ineligibility, because the dismissal is a necessary consequence of the legal bar to employment rather than retaliation for the disclosure.
Legal authorities cited
Case details
- Case number
- 6004396/2024
- Decision date
- 1 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Crown Prosecution Service
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Casework Assistant
- Salary band
- £20,000–£25,000
Claimant representation
- Represented
- No