Bevan Brittan lead on FCA whistleblower claim

In Short: A former IT manager claims the Financial Conduct Authority unfairly dismissed him for sending sensitive emails to his personal account, arguing he was blowing the whistle on the regulator's alleged mishandling of Freedom of Information (FOI) requests.

What Is This Case About?

Ahmet Latif, an ex-manager in the FCA’s information and data team, was fired in 2022 for gross misconduct after sending “FCA sensitive” emails to his personal address. The regulator said this breached its security and data policies. But Latif told the Employment Tribunal that his actions were protected under whistleblowing laws.

He said the emails were evidence of what he called "two-and-a-half years" of unlawful FOI administration, and that he was preserving them in case he needed to escalate his concerns to external bodies, such as MPs or the Information Commissioner.

The FCA pushed back, arguing Latif’s internal complaints about FOI handling came before the emails were sent, and therefore, the disclosures didn’t qualify as protected whistleblowing.

Latif also claimed he was unfairly singled out in an investigation into leaks, calling the process “knee-jerk” and biased against him.

Key Points to Discuss

1. Whistleblowing vs. Policy Breach:
   The central legal question is whether Latif’s forwarding of sensitive emails to his personal account qualifies as protected whistleblowing or a breach of security rules. If the tribunal finds that he reasonably believed he needed to retain the data to support future disclosures in the public interest, his dismissal could be deemed automatically unfair.
2. Timing and Intent Matter:
   The FCA argues that Latif’s complaints had already been raised internally before the emails were sent — implying the emails weren’t sent for the purpose of whistleblowing. This raises the issue of how closely linked in time and intent a disclosure must be to qualify for legal protection.
3. Culture of Accountability at Regulators:
   This case puts the FCA’s internal processes under the spotlight. Latif's claims echo wider concerns about how regulators handle whistleblowers and internal dissent. The FCA has acknowledged past FOI errors and said it’s since overhauled its information disclosure processes, but this tribunal will test whether it fostered a culture where concerns could be raised safely.

Who Is Advising?

• Ahmet Latif – Represented himself.
• FCA – Represented by Jude Shepherd of 42BR, instructed by Bevan Brittan.