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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll