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Judges not protected by whistleblowing laws

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Are judges protected by whistleblowing laws?

No, held the Court of Appeal in Gilham v Ministry of Justice, because they are office holders and not workers, thus fall outside UK whistleblowing protection.

The Employment Rights Act 1996 requires an individual to be a 'worker' in order to acquire whistleblowing protection. Judges are not workers - they are office-holders - so they do not get protection for whistleblowing under UK legislation. Although whistleblowing engages Article 10 of the European Convention on Human Rights(the right to freedom of expression), the ECHR does not require the strictures of the Employment Rights Act 1996 to be expanded. Moreover, Article 14 (freedom from discrimination when exercising Convention rights) does not encompass an “other status” of judicial office-holders or those in an employment relationship but without a contract.

As a consequence judges are without whistleblowing protection.

An application for permission to appeal has been made, and the outcome is awaited.