Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Judge takes appeal to be recognised as ‘worker’ to the Supreme Court

by Ashleigh Webber 13 Nov 2018
by Ashleigh Webber 13 Nov 2018

A judge who is attempting to be recognised as a “worker”, therefore entitling her to certain employment rights, is taking her appeal to the Supreme Court.

Judge Claire Gilham is appealing against the decision that judges are not workers and therefore do not benefit from whistleblowing protection and other rights such as minimum holiday allowance and rest breaks.

Employment status

Determining employment status

Employment status: Time to review off-payroll arrangements

In February 2015, she brought her case against the Ministry of Justice to an employment tribunal, alleging she had suffered various detriments as a result of blowing the whistle on excessive workloads and poor and unsafe working conditions at Warrington County Court in 2013.

Her claim was dismissed on the basis that judges were not considered workers under the Employment Rights Act 1996. Instead, the tribunal considered her to be an “office holder”.

Its decision said it was “impossible to analyse the work of judges in terms of a distinction between self-employed and employed status. The answer lies in the absence of any contractual relationship.”

She subsequently appealed to the Employment Appeal Tribunal and then the Court of Appeal, which both rejected her claim.

Judge Gilham, whose hearing has been listed for June 2019, plans to argue that judges should be considered workers under the Employment Rights Act as they have a contract of employment with either the Lord Chancellor of the Ministry of Justice; or they are employed by the Crown.

Crown employment usually encompasses executive officials and their staff, civil servants, police, judicial officials, and members of the armed forces.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Emilie Cole, partner at law firm Irwin Mitchell – which is representing Judge Gilham – said: “Judges must have the right to speak out and blow the whistle, safe in the knowledge that they will be protected for doing so. As the gatekeepers of our justice system, their basic human right to speak out about breaches of the law goes hand in hand with their judicial duty and responsibility.”

Judge Gilham has launched a crowdfunding campaign to raise £10,000 to help pay for her Supreme Court fees.

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Half of FTSE 350 board appointments need to be women to meet targets
next post
Twelve tips to help HR get the most from AI

Comments are closed.

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+