Employment status of judge - Gilham v Ministry of Justice [CA] 21.12.07


Thu, 25 Jan 2018

District judges did not qualify for the statutory protection for whistleblowers in the Employment Rights Act 1996 Pt IVA because they were office holders and not "workers" within the meaning of s.230(3). As office holders, judges enjoyed many protections not available to workers, and s.230(3) did not need to be construed more widely in order to protect their rights under ECHR art.10 and art.14 in relation to whistleblowing activities, since they were enforceable under the Human Rights Act 1998 s.7.




Category: Employment »  Employment status; Whistleblowing. Keyword(s): Judiciary. Area(s) of law: Employment; Public Sector.
Source: [2017] EWCA Civ 2220; Times 25.01.18

 

This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. Please contact Brodies at mailbox@brodies.com if you would like us to advise you on any of the matters covered in this material.


Valid XHTML 1.0 Transitional  Valid CSS!

Free SSL Certificate