0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

High Court extends employer’s duty of care to Dubai whistleblower

29 April 2020

Mr Rihan was a partner at Ernst and Young (EY) in Dubai. He disclosed serious irregularities that might involve money laundering to the local regulator and escalated within EY but received no material support. While in the UK, Mr Rihan refused to return to Dubai for safety reasons and finally resigned.

Being based outside Great Britain Mr Rihan could not claim the protections afforded to whistleblowers. However, he succeeded in his claim for negligence in the High Court.

The High Court found EY to be in breach of a duty to take reasonable steps to prevent Mr Rihan from suffering financial loss by reason of the failure to perform an audit ethically and without professional misconduct (“the audit duty”). Mr Rihan was awarded almost US$11 million in damages for past and future loss of earnings. (Rihan v Ernst and Young Global Ltd [2020] EWHC 901 (QB) (Kerr J).)

Employers with global networks which include a base in the UK should be aware that they can face expensive and damaging negligence claims from employees who are based overseas regardless of the whistleblowing regime.

related opinions

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View blog

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up