Judges can be whistleblowers too, court rules in landmark case
A JUDGE who suffered a breakdown after raising concerns about government cuts has won a landmark ruling to bring a whistleblowing claim against the Ministry of Justice.
District Judge Claire Gilham said she was delighted with the Supreme Court’s decision to classify her as a worker, which means she is now entitled to whistleblowing protection.
The judgment means her new status, which had been blocked by earlier court rulings, can be aired at her forthcoming employment tribunal.
The judge, who sat at Warrington County Court in Cheshire, initially raised concerns about the impact of the Government’s major cost-cutting reforms to the court service in 2010.
She went on to complain about administrative failures, a lack of appropriate and secure courtroom accommodation and the vastly increased workload.
However, Judge Gilham found she was treated “detrimentally” as a result of raising concerns – including being “seriously bullied, ignored and undermined” by fellow judges and court staff. She was signed off work due to stress from the end of January 2013 but has recently returned. The Ministry of Justice had contested the tribunal’s jurisdiction to entertain the whistleblowing claim, saying she was an “office holder” and not a “worker” within the meaning of the 1996 Employment Rights Act. Giving the judge the goahead to seek protection under the employment legislation, Lady Hale, president of the Supreme Court, also said that bullying, victimisation and failure to take complaints seriously would be an interference with a person’s right to freedom of speech under the Human Rights Act.
“Winning is a great relief after these seven long years in which the rights of judges to speak out about conditions in the justice system have been denied,” Judge Gilham told The Daily Telegraph.
“Providing the judiciary with whistleblowing protection can only enhance their independence and that is a valuable constitutional safeguard.”
Her lawyers described the latest ruling as a “great win” and a “massive step forward” in equality law.
A Ministry of Justice spokesman said: “The Government has accepted the judgment and is considering how to implement it.”