Gilham v
Ministry of Justice
[2019] UKSC 44 was brought by Judge Gilham, who previously worked at Warrington
County Court. She raised concerns in 2010 about the impact of cost cutting
reforms to the court service, and about bullying, the lack of appropriate and
secure court room accommodation, the severely increased workload and
administrative failures.
After blowing
the whistle, she suffered detrimental treatment at the hands of other judges
and court staff, and was signed off work with stress in 2013. She brought a
claim in the employment tribunal. However, the tribunal held that she was an
office holder not a ‘worker’ as defined in the Employment Rights Act 1996 and
therefore could not benefit from whistleblowing protection.
Judge Gilham
contended the failure to extend this protection to judicial officers was a
violation of her Art 10 right to freedom of expression.
Delivering the
lead judgment this week, Lady Hale agreed, stating: ‘I can reach no other
conclusion than that the Employment Rights Act should be read and given effect
so as to extend its whistle-blowing protection to the holders of judicial office.’
Crucially, the court held that an occupational classification as a judge and as
a non-contractual office holder is capable of being a ‘status’ within the
meaning of Art 14.
Emilie Cole,
partner at Irwin Mitchell, who represented Judge Gilham, said: ‘This is a
massive step forward in equality law and will have wide implications for the
greater good.’
According to
Cole, the Supreme Court had the opportunity to take a narrower view that this
status and the scope of protection would only apply to judges. However, the
judgement appears to go much further in scope and include the status of other
office holders within the ambit of whistle-blowing protection. Examples would
include registered company directors, secretaries, board members, appointments
under the internal constitution of an organisation, such as club treasurers or
trade union secretaries, trustees and ecclesiastical appointments such as
church ministers.
Judge Gilham
said: ‘You can’t have justice without independent and unafraid judges.’
