Whistleblower succeeds in $10.8m damages claim

The High Court has today handed down judgment and awarded whistleblower Amjad Rihan $10.8 m in damages against his former employer, Ernst and Young.

Protect Chief Executive, Liz Gardiner said: “We’re pleased to see this award to Amjad Rihan, who courageously blew the whistle on serious financial irregularities and who suffered career-long losses as a result. A whistleblower who had exhausted internal processes, he acted reasonably in bringing this global scandal to public attention via the media and the judge said he would have had a strong whistleblowing claim. His employer owed him a duty of care, and failed in that duty.

While this was not a claim under the whistleblowing law (The Public Interest Disclosure Act 1998 “PIDA”), nevertheless the judge took into account the principles of PIDA when assessing whether Amjad acted reasonably. We’re also pleased to see the judgment accepts that the public interest should not be constrained by what may be an offence in other jurisdictions. PIDA states that a disclosure is not protected if the whistleblower commits an offence in making it – but today’s judgment clarifies that should only apply to offences under the laws of Great Britain.