Reach of whistleblowing provisions put to the test in Bamieh v FCO and ors

The Employment Appeal Tribunal will consider the landmark appeal of Maria Bamieh v FCO and ors next week. Ms Bamieh was a British prosecutor seconded by the FCO (along with others) to work for Eulex Kosovo, an EU mission in Kosovo. Ms Bamieh alleges that she blew the whistle in relation to judicial corruption and was subjected to serious detrimental treatment in response, culminating in her loss of post. The case has generated national and international media coverage by Wall Street JournalLe MondeDie ZeitLe Figaro, the GuardianIndependentDaily MailBBC and others.

The two-day appeal will address important questions such as the right to sue an international organisation, the extraterritorial application of the European Convention and Charter, and the correct test to apply for extra-territorial claims against individual Respondents (her fellow secondees). The latter question in particular has a potentially wide impact on any whistleblowing and discrimination claims brought against individuals overseas which has not to date been subject to appellate determination.  

Chris Milsom and Nathan Roberts act for Ms Bamieh, instructed by Bindmans. The hearing is listed for 30 and 31 October.