High-profile case against Battersea executives

Don O’Sullivan, the former CEO associated with the redevelopment of Battersea Power Station, is making headlines as he brings forth a claim for unfair dismissal and whistleblowing detriment against the Battersea Power Station Development Company and four senior Malaysian executives. Represented by John Hayes and Constantine Law, O’Sullivan's case is anticipated to be one of the highest-profile whistleblowing claims in London, raising serious concerns regarding financial reporting integrity within the organisation.

O’Sullivan joined Battersea in June 2024, only to be dismissed in May 2025 after raising alarms about financial misreporting. He asserts his termination was a reaction to his whistleblowing efforts, as the serious concerns he highlighted were later acknowledged by the Chair of the Holding company. Notably, O’Sullivan claims his dismissal was based on "trumped-up charges of gross misconduct" following the expression of his concerns.

The implications of O’Sullivan's allegations are broader than his individual case; several other employees linked to his tenure have either lost their jobs or faced suspension since his dismissal. The GMB union has voiced their support for O’Sullivan and the affected staff, further amplifying the weight of these claims.

Battersea Power Station Development Limited, which is under the ownership of BPS Holding—a Jersey-registered company—has connections to significant Malaysian entities, including Sime Darby, SP Setia Berhad, and the Employees Provident Fund. Currently, the power station is reportedly on the market for a potential sale estimated up to £2bn.

O’Sullivan's allegations indicate that the financial misreporting may have critically misrepresented the financial status of BPS Holdings. An external forensic accounting report conducted by Moore Kingston Smith has verified many of O’Sullivan’s concerns, suggesting substantive evidence backing his claims. After reporting these issues, O’Sullivan was excluded from the business mere days after accompanying the King during his visit to Battersea Power Station.

The timeline of events surrounding O’Sullivan's whistleblowing efforts reveals a troubling pattern. After voicing his concerns at a Board meeting with BPS Holdings on December 16, 2024, he was excluded the following day by two executives implicated in his disclosures, leading to his suspension just one week later.

Currently, the case is ongoing in the London South Employment Tribunal and is scheduled for a final hearing in 2029, amidst a landscape fraught with delays in the tribunal system. The representation for O’Sullivan also includes Mr Stefan Brochwicz-Lewinski of Nine Chambers in Manchester, while Battersea Power Station’s legal side is managed by Brown Rudnick Solicitors along with Jane McCafferty KC.

John Hayes emphasised the potential impacts of this case, stating that “Don O’Sullivan’s claim will possibly be one of London’s highest profile and most valuable whistleblowing claims because it involves one of London’s most respected developers taking on a case against an iconic London development.” He further noted that the situation raises “very important questions about the integrity of financial reporting at Battersea,” and acknowledged the unfortunate delays leading to the case being scheduled for 2029 but expressed relief that it is now gaining public attention. The proceedings promise to be intense and hard-fought as the case unfolds.

A Battersea Power Station Development Company (BPSDC) spokesperson said:

“We strongly deny and are robustly defending the unfounded allegations made by Mr O’Sullivan in the Employment Tribunal.

There are no claims made by Mr O’Sullivan relating to Battersea Power Station Development Company’s (BPSDC) accounts.

BPSDC manages the Battersea Power Station estate ultimately on behalf of Battersea Project Holding Company, the holding company of the 42-acre regeneration project.

Battersea Project Holding Company appointed highly regarded forensic accountants to independently investigate historic claims. Whilst the two forensic accountants reports deal with confidential matters, the conclusion reached was that Mr O’Sullivan’s concerns were not borne out, no further investigation was warranted and accounting practices employed by Battersea Project Holding Company Limited adhere to international accounting standards.  Its accounts have always been audited and signed off by PwC, one of the big four accounting firms.

With the recent appointment of a master planner to shape the remaining 16 acres of the regeneration project, and with construction of two new Gehry-designed buildings set to commence in the coming months, Battersea Power Station is entering its next chapter and looking at how it can evolve the already thriving neighbourhood for the future needs of London and beyond.

Adhering to the confidential nature of Employment Tribunal procedures, we cannot comment on this matter further at this time.”