Permission to Appeal Granted for Michael Polak’s Client in Key Whistleblowing Case Involving ‘Self-Help Guru’

Michael Polak, acting pro bono, has been successful in his application for permission for his client to appeal a ruling of the Employment Appeal Tribunal striking out the claim in Rogerson v Erhard-Jensen Ontological/ Phenomenological Initiative Limited – a landmark case concerning whistleblower protection.

The permission decision of the Court of Appeal follows a hearing in the Employment Appeal Tribunal on 20 August 2024, which blocked Michael’s client from claiming that the arbitration he faced for breach of confidence for whistleblowing about the abusive behaviour of ‘self-help guru’ Werner Erhard, was an actionable detriment under the statutory provisions.

In her decision on 19 March 2025 the Rt. Hon. Lady Justice Elisabeth Laing granted permission to appeal against this decision stating that ‘It is not obvious that there are any policy reasons which should prevent a person relying in a whistleblowing claim on the mere fact of arbitral proceedings against him, as opposed to the content of those proceedings.’ The learned Judge continued that ‘the appeal raises an important general point about the interaction between protections for whistleblower and the immunity.

The Court of Appeal hearing will take place at some point during the second half of 2025.

Speaking on the decision, Michael commented: “This is an antiquated area of the law, in urgent need of far greater clarity around its application to contemporary circumstances. We have always argued that it cannot be a proper understanding of the law in this area to allow individuals or companies to bring overseas arbitration against whistleblowers based on their legitimate and ethical whistleblowing activity.”

Michael can be instructed for international law, human rights, or criminal matters by contacting his clerks by phone (+44 (0)20 7936 3637) or email (clerks@churchcourtchambers.co.uk).