Ian Smith observes the plight of those seeking justice in employment tribunals
The cases commented on in this epistle are particularly diverse, and served to amuse those of us still at the coalface rather than in Tuscany during the dog days of the last month. The first concerns whistleblowing (in the context of human rights) and the second is another equal pay case making the point that ultimately the Equal Pay Act 1970 (EPA 1970) is there to secure equal pay, not fair wages (though in an unusual manner). The third and fourth cases illustrate the fundamental truth that you can go for years without a decision on a particular statutory provision and then suddenly have it brought back into focus.
Whistleblowing
Heinisch v Germany (App No 28274/08) concerned the potential application of Art 10 of the European Convention on Human Rights (the Convention) to a case of what in this jurisdiction would be considered whistleblowing. A geriatric nurse had made several complaints to the management about poor care
