header-logo header-logo

16 October 2019
Issue: 7860 / Categories: Legal News , Profession , Employment , Tribunals
printer mail-detail

Whistleblowing law protects ‘office holders’

Judges have whistle-blowing protection, the Supreme Court has held in a unanimous, landmark ruling.

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.’

Issue: 7860 / Categories: Legal News , Profession , Employment , Tribunals
printer mail-details

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll