(1) Novai Limited (2) Mr James Rawlingson

Case Summary

The key issues in the appeal concern the analysis and assessment of protected disclosure complaints.

The appeal court found error in the original tribunal's analysis and assessment of the protected disclosure complaints, warranting reconsideration by a fresh tribunal rather than upholding the first-instance decision.

• •The Employment Tribunal erred in law in its assessment of protected disclosure complaints.

Judgment approved by the Court for handing down Khan v (1) Novai Limited (2) Rawlingson © EAT 2026 Page 1 [2026] EAT 19 Neutral Citation Number: [2026] EAT 19 Case Nos: EA-2024-000672-NK EA-2025-001067-NK EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 26 January 2026 Before: HIS HONOUR JUDGE JAMES TAYLER - - - - - - - - - - - - - - - - - - - - - Between: Mr Aman Khan Appellant - and – (1) Novai Limited (2) Mr James Rawlingson Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Rad Kohanzad (instructed through Direct Public Access) for the Appellant Spencer Keen (instructed by Morgan Denton Jones Limited) for the Respondent Hearing date: 7 November 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court for handing down Khan v (1) Novai Limited (2) Rawlingson © EAT 2026 Page 2 [2026] EAT 19 SUMMARY Public Interest Disclosure The Employment Tribunal erred in law in its assessment of protected disclosure complaints. Judgment approved by the Court for handing down Khan v (1) Novai Limited (2) Rawlingson © EAT 2026 Page 3 [2026] EAT 19 HIS HONOUR JUDGE JAMES TAYLER The issues in the appeal 1. The issue in the main appeal concerns the analysis and assessment of protected disclosure complaints. The judgments appealed 2. The appeal is from a judgment of Employment Judge Gumbiti-Zimuto, sitting with members. The hearing took place on 12, 13, and 14 February 2024 with a discussion in chambers on 21 March 2024. The judgment was sent to the parties on 15 April 2024. 3. The claimant further appeals against a refusal to reconsider the decision in a judgment sent to the parties on 19 June 2025. In the application for reconsideration, the claimant sought to rely on new evidence that he contended went to the date on which the decision to dismiss him was taken.…