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Fairly and justly? Are employment tribunals able to even out whistleblowing power imbalances?

Fairly and justly? Are employment tribunals able to even out whistleblowing power imbalances?

William, Laura ORCID: 0000-0002-1985-7640 and Vandekerckhove, Wim ORCID: 0000-0002-0106-7915 (2021) Fairly and justly? Are employment tribunals able to even out whistleblowing power imbalances? Journal of Business Ethics. ISSN 0167-4544 (Print), 1573-0697 (Online) (doi:https://doi.org/10.1007/s10551-021-05023-8)

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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 a 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.

Item Type: Article
Uncontrolled Keywords: whistleblowing, discrimination, employment tribunal, justice
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Business
Faculty of Business > Centre for Work and Employment Research (CREW)
Faculty of Business > Department of Human Resources & Organisational Behaviour
Related URLs:
Last Modified: 07 Jan 2022 10:33
URI: http://gala.gre.ac.uk/id/eprint/34732

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