Michael Polak acts for whistleblower in Employment Appeal Tribunal case

Michael Polak recently acted pro bono for an individual at the Employment Appeal Tribunal in a case concerning legal proceedings allegedly being brought in retribution for whistleblowing.

The case concerned an individual who had acted as a whistleblower by reporting mistreatment of staff by self-help charity Erhard-Jensen Ontological/Phenomenological Initiative Ltd. Following this, the charity had instigated arbitration proceedings against the claimant in Singapore, arguing that they had breached a confidentiality agreement signed as part of their work.

The Employment Appeal Tribunal overturned the decision of the first instance court and found that judicial proceedings immunity applies to the arbitration.

Commenting in Law360, Michael stated: “We believe that bringing an arbitration against a UK worker in retaliation for their whistleblowing should not be protected by judicial proceedings immunity, and that this was an arbitration that my client should never have faced.

“This area of law is unclear, antiquated, and urgently needs clarification. My client intends to appeal the ruling so such clarification can be provided.”

Michael’s comments were published in Law360, 20 August 2024, and can be found here.

The case is Erhard-Jensen Ontological/Phenomenological Initiative Ltd. v. Mr. Daniel Rogerson, EA-2023-001423-BA.