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Fairly and Justly? Are Employment Tribunals Able to Even Out Whistleblowing Power Imbalances?

Author

Listed:
  • Laura William

    (University of Greenwich)

  • Wim Vandekerckhove

    (University of Greenwich)

Abstract

In Britain, Employment Tribunals (ET) adjudicate on whistleblowing legislation. They do so with the overriding aim to adjudicate cases fairly and justly, by hearing parties on an equal footing. This paper presents research questioning this rule-of-law assumption vis-a-vis power imbalances that relate to whistleblowing. Using multinomial logistic regression analysis, we analyse all cases at ET in England and Wales between 2015 and 2018, that included a whistleblowing claim and that went to preliminary hearing or beyond. We find that several variables have an effect on the relative representational strength (RRS) at ET, but not on the outcome of the whistleblowing claim. However, whistleblowing claims brought in combination of discrimination claims (41%) have lower RRS and less favourable outcomes for the whistleblowing claim.

Suggested Citation

  • Laura William & Wim Vandekerckhove, 2023. "Fairly and Justly? Are Employment Tribunals Able to Even Out Whistleblowing Power Imbalances?," Journal of Business Ethics, Springer, vol. 182(2), pages 365-376, January.
    • Handle: RePEc:kap:jbuset:v:182:y:2023:i:2:d:10.1007_s10551-021-05023-8
    DOI: 10.1007/s10551-021-05023-8
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    References listed on IDEAS

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    1. Gao, Lei & Brink, Alisa G., 2017. "Whistleblowing studies in accounting research: A review of experimental studies on the determinants of whistleblowing," Journal of Accounting Literature, Elsevier, vol. 38(C), pages 1-13.
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    3. Linda Dickens, 2014. "The Coalition government's reforms to employment tribunals and statutory employment rights—echoes of the past," Industrial Relations Journal, Wiley Blackwell, vol. 45(3), pages 234-249, May.
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    Full references (including those not matched with items on IDEAS)

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