header-logo header-logo

03 September 2021 / Polly Rodway , James Hockley , Clare Brereton
Issue: 7946 / Categories: Features , Employment
printer mail-detail

Whistleblowing claims: out in the open?

56054
Interim relief in whistleblowing claims: James Hockley, Clare Brereton & Polly Rodway weigh commercial embarrassment against the open justice principle
  • Millet is the first appellate authority confirming that hearings to determine applications for interim relief in whistleblowing claims should be heard in public.
  • Even where a hearing should be heard in public, a party might seek a privacy order under Rule 50 of the Employment Tribunal Rules of Procedure 2013. The party must meet a high evidential threshold.
  • Save in the most exceptional circumstances, evidence of commercial embarrassment or reputational damage will not override the principle of open justice.

Public interest is a necessary element of any whistleblowing claim; so surely it follows that the public should have access to every substantive stage of a whistleblowing claim, whether at an interim or final hearing?

This was affirmed on 15 January 2021 by Judge Tayler sitting alone in the Employment Appeal Tribunal (EAT) in Queensgate Investments LLP and others v Millet and The Media Lawyers Association (Intervenor)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll