Henderson loses appeal against Patrick Evershed
PATRICK Evershed, the ex-New Star fund manager who is suing the firm’s founder John Duffield for unfair dismissal, yesterday triumphed in the Court of Appeal over his former employer, who had argued that the case should not fall under whistleblowing laws.
Lord Justice Rimer upheld a previous court decision to grant Evershed the right to sue under the whistleblowing act, meaning he could be entitled to potentially unlimited damages from New Star’s new owner Henderson when the case eventually goes before an employment tribunal.
Evershed claims to have been unfairly ousted from New Star after reporting Duffield for staff bullying to the firm’s head of HR. The case was first brought in October 2008.
Henderson said yesterday it would vigorously defend itself at a tribunal.
Duffield, who also formerly founded Jupiter, has since set up a new venture, Brompton Asset Management.