header-logo header-logo

Whistleblowing claims: out in the open?

03 September 2021 / Polly Rodway , James Hockley , Clare Brereton
Issue: 7946 / Categories: Features , Employment
printer mail-detail
56054
Interim relief in whistleblowing claims: James Hockley, Clare Brereton & Polly Rodway weigh commercial embarrassment against the open justice principle
  • Millet is the first appellate authority confirming that hearings to determine applications for interim relief in whistleblowing claims should be heard in public.
  • Even where a hearing should be heard in public, a party might seek a privacy order under Rule 50 of the Employment Tribunal Rules of Procedure 2013. The party must meet a high evidential threshold.
  • Save in the most exceptional circumstances, evidence of commercial embarrassment or reputational damage will not override the principle of open justice.

Public interest is a necessary element of any whistleblowing claim; so surely it follows that the public should have access to every substantive stage of a whistleblowing claim, whether at an interim or final hearing?

This was affirmed on 15 January 2021 by Judge Tayler sitting alone in the Employment Appeal Tribunal (EAT) in Queensgate Investments LLP and others v Millet and The Media Lawyers Association (Intervenor)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll