Non-contractual office holders including judges found to be workers
A district judge has won her appeal to The Supreme Court to have judges recognised as workers.
Warrington District Judge Claire Gilham could be classified as a "worker" and was therefore entitled to whistleblowing protection and is now able to have her case heard at an employment tribunal.
Judge Gilham brought a claim against Warrington County Court in the employment tribunal in 2015 for whistleblowing detriment. The claim was dismissed on the grounds that judges were not considered workers under the Employment Rights Act 1996.
The ET and subsequently the Court of Appeal in 2017 found that judges were “office holders” and therefore not entitled to the same rights as workers, such as whistleblowing protections, a minimum holiday allowance and rest breaks.
Judge Gilham had raised concerns about bullying, overwork, health and safety compliance, management style and workplace culture at Warrington County Court as well as a lack of secure court rooms, a severely increased workload and administrative failures following major cuts to the Ministry of Justice budget from 2010. As a result, she suffered bullying, was ignored and undermined.
In October 2019, The Supreme Court found otherwise, with President Lady Hale saying: "I can reach no other conclusion than that the Employment Rights Act should be read and given effect so as to extend its whistleblowing protection to the holders of judicial office."
The Supreme Court found that bullying, victimisation and failure to take complaints seriously would be an interference with a judge's right to freedom of speech under Article 10 of the Human Rights Act.
The ruling has consequences beyond holders of judicial office including "non-contractual office holders" such as trustees or company board members. Emily Cole of Irwin Mitchell, representing Judge Gilham, said "This is a massive step forward in equality law and will have wide implications for the greater good."
Employers will again need to consider when making decisions about staff to ensure that they have adequately determined employment status.
Posted on 11/06/2019 by Ortolan
