‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’
Legal Futures, 8th November 2019
Source: www.legalfutures.co.uk
‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’
Oxford Human Rights Hub, 1st November 2019
Source: ohrh.law.ox.ac.uk
‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’
Littleton Chambers, 17th October 2019
Source: www.littletonchambers.com
‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
‘Non-disclosure agreements must not prevent employees bringing discrimination cases against their employer, new guidance from the equalities watchdog says.’
Daily Telegraph, 17th October 2019
Source: www.telegraph.co.uk
‘MPs have accused aid organisations of “dragging their feet” over combating sexual exploitation and abuse in the sector, despite safeguarding pledges made in 2018 after the Oxfam abuse scandal. Work to improve protection and support for whistleblowers has “stalled”, and more needs to be done to protect survivors, a report by the UK international development committee (IDC) has said.’
The Guardian, 18th October 2019
Source: www.theguardian.com
‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
‘Wikileaks co-founder Julian Assange is to remain in prison when his jail term ends because of his “history of absconding”, a judge has ruled’
BBC News, 13th September 2019
Source: www.bbc.co.uk
‘Employees who research how to blow the whistle can rely on the same legal protections as actual whistleblowers, a tribunal has found.’
Law Society's Gazette, 9th August 2019
Source: www.lawgazette.co.uk
‘A group of politicians has recommended an extensive overhaul of whistleblowing legislation, including the creation of a legal definition for the term “whistleblower”.’
OUT-LAW.com, 6th August 2019
Source: www.pinsentmasons.com
‘The charity watchdog is investigating claims that an organisation formerly led by the man enlisted to put the “house in order” following the Oxfam abuse scandal had allegedly covered up another sex scandal.’
Daily Telegraph, 23rd June 2019
Source: www.telegraph.co.uk
‘MPs have called for a ban on “gagging clauses” used by employers to silence allegations of unlawful discrimination and harassment.’
BBC News, 11th June 2019
Source: www.bbc.co.uk
‘New requirements for reporting rule breaches to the Solicitors Regulation Authority (SRA) have been approved by the Legal Services Board (LSB).’
Legal Futues, 21st May 2019
Source: www.legalfutures.co.uk
‘Chaos, incompetence and bullying of Home Office employees is resulting in failed deportations and the unlawful detention of vulnerable and desperate people, whistleblowers allege.’
The Guardian, 28th April 2019
Source: www.theguardian.com
‘The health secretary has vowed to end the use of non-disclosure agreements that prevent would-be NHS whistleblowers speaking out.’
The Guardian, 22nd April 2019
Source: www.theguardian.com
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