Supreme Court decides that a Judge can rely on whistleblowing protection

17th October 2019

Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law

Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here.

Gilham v Ministry of Justice [2019] UKSC 44

The Supreme Court handed down its judgment in Gilham on 16 October 2019. The SC considered whether a Judge could rely on whistleblowing protection, holding that she could despite not being a worker but to avoid a clash with the European Convention on Human Rights.

The ramifications of the decision from the UK’s highest court stem across the law relating to whistleblowing, worker status and how European law should be applied in this country. A summary of Gilham’s implications is at the end of this article.

Joseph England is the author of NHS Whistleblowing and the Law, a recently published handbook providing a practical and comprehensive study of the law of whistleblowing both within and outside the NHS.