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On 28 February 2020, the claimant commenced ET proceedings, claiming unfair dismissal,automatic unfair dismissal due to having made protected disclosures, protected disclosuredetriment, and disability discrimination. In support of his claims of automatic unfair dismissaland protected disclosure detriment, the claimant relies on what are claimed to have been sixprotected disclosures. The application made by the respondents with which I am concernedprimarily relates to the first of those disclosures. Specifically, it is the claimant’s case that heinvestigated and reported on concerns that a Millicom subsidiary supplied the mobiletelephone data and live tracking data of a customer to a government agency without lawfulJudgment approved by the Court for handing down MILLICOM SERVICE UK LTD & ORS v CLIFFORD Page 6© EAT 2022 [2022] EAT 74authority and that, subsequently, a very serious criminal offence was committed; the claimantalleges that the respondents subjected him to a detriment, and ultimately dismissed him,because of his investigation and reports on this matter.
On 2 September 2020, the respondents made an application under rule 50 ET Rules,supported by (relevantly) the first witness statement of the second respondent, dated 1September 2020, and the witness statement of Mr
Mifsud-Bonnici, an environmental, socialand governance consultant, dated 28 August 2020. By the time of the hearing on 23 October2020, that evidence had been supplemented by a further statement from the second respondentdated 21 October 2020 and a witness statement from a
Mr Stones, a business intelligenceconsultant who had previously worked for the secret intelligence service, of 22 October 2020.The ET also had a witness statement from the claimant, dated 12 October 2020. Therespondents sought an order prohibiting the disclosure to the public, or the publication orreporting by any means, of the name and identity of the customer referred to by the claimant;of the serious criminal offence in question; and of any reference to the alleged connectionbetween the Millicom subsidiary company, and its employees, and that event; or of anyinformation likely to lead to identification of those matters (“the specified matters”). Therespondents’ proposal was for codes to be used to refer to the country in question and torelevant persons, events and dates.
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he second respondent also stressed the level of corruption in the public sector, saying that police,prosecutors and judiciary could not be relied on to act impartially or independently of the government: “The rule of law does not operate there”.
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