In a decision of considerable constitutional importance, the Court of Appeal today ruled in Gilham v Ministry of Justice that judges do not work pursuant to contracts. The Court also held that this precludes them from bringing whistle blowing claims under the Employment Rights Act; and confirmed that the inability to do so does not amount to a breach of Articles 10 or 14 ECHR.
Ben Collins QC and Robert Moretto of Old Square Chambers, instructed by the Government Legal Department, represented the successful MOJ. A decision on permission to appeal to the Supreme Court is awaited.
Please click here to read the full judgment.
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