Aman Khan v Novai Limited & Anor

Aman Khan v Novai Limited & Anor

The Employment Tribunal's assessment of whether the claimant made protected disclosures was legally insufficient, lacking proper analysis of the statutory criteria and failing to provide adequate reasons. The Tribunal also failed to adequately reason its finding on the timing of the dismissal decision. These errors necessitate remission to a differently constituted Employment Tribunal for a fresh determination.

Parties
Appellant: Mr Aman Khan; Respondent: Novai Limited; Respondent: Mr James Rawlingson
Jurisdiction
England and Wales
Judgment Date
26 January 2026
Procedural Posture
Employment Appeal / Appeal Judgment With Order for Remission
Outcome
Appeal allowed; judgment set aside and case remitted for rehearing
Legal Topics
Protected Disclosure, Whistleblowing, Unfair Dismissal, Directors' Duties, Public Interest Disclosure
Employment Law Protected Disclosure Whistleblowing Unfair Dismissal Directors' Duties Public Interest Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Aman Khan

Appellant

Novai Limited

Respondent

Mr James Rawlingson

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment With Order for Remission

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its assessment of protected disclosure complaints
  2. 2 Whether the Employment Tribunal erred in finding that none of the disclosures were protected
  3. 3 Whether the Employment Tribunal erred in its determination of the timing and reason for dismissal

Ratio Decidendi

The Employment Tribunal's assessment of whether the claimant made protected disclosures was legally insufficient, lacking proper analysis of the statutory criteria and failing to provide adequate reasons. The Tribunal also failed to adequately reason its finding on the timing of the dismissal decision. These errors necessitate remission to a differently constituted Employment Tribunal for a fresh determination.

Court Disposition

Appeal allowed; judgment set aside and case remitted for rehearing

Orders

  • The matter is remitted to a differently constituted Employment Tribunal for a fresh hearing.
  • The question of whether the transcript of the 3 February 2022 recording can be relied upon at the remitted hearing is for the Employment Tribunal to determine.