England: Supreme Court hears legal challenge over judges’ whistleblowing rights

Photo credit: UK Supreme Court

Judge Claire Gilham said she was bullied to the point of breakdown after speaking out about the impact of legal aid cuts while a district judge at Warrington County Court, The Guardian reports.

The Ministry of Justice (MoJ) maintains that Judge Gilham is an office-holder, not an employee, and therefore does not have whistleblowing protections under the Employment Rights Act 1996.

Speaking before yesterday’s hearing, Judge Gilham said: “I am pleased that after six long years, this important case on whistleblowing rights is finally being heard today. Judicial independence is important and the right to report shortcomings and blow the whistle is a safeguard to protect it.

“Whistleblowers everywhere will welcome clarity on how their status as a judge, office-holder or any person working other than under a contract limits their rights and protection from unfair treatment.”

Emilie Cole, partner at law firm Irwin Mitchell, said: “Everyone should have the right to blow the whistle, safe in the knowledge that they will be protected from harm for doing so.

“The background of this legal protection comes from a long line of high-profile disasters which caused avoidable, horrific deaths for many innocent people. Anything that stands in the way of an individual expressing concerns about health and safety and breaches of the law can’t be in the public interest or benefit wider society.”