COA dismisses whistleblowing judge’s appeal in Gilham v MOJ

Rachel Crasnow QC

Rachel Barrett

Chris Milsom

The Court of Appeal has today (21 December 2017) given judgment in the much awaited “are judges workers?” case of Gilham v MOJ. They have rejected the argument that judges work under contracts or that denying them whistleblowing rights breaches their human rights under Article 10 and 14. The judgment recognises that the distinction between those employment rights accorded to workers under domestic law and those which derive from EU law (as established in O’Brien) can be seen as incoherent or unsatisfactory.  District Judge Gilham who has always said this distinction is anomalous has sought permission to appeal the decision to the Supreme Court.

Cloister's Rachel Crasnow QC and Rachel Barrett were instructed for District Judge Gilham, and Chris Milsom acted for the intervener, Public Concern at Work.