Fairly and justly?: are employment tribunals able to even out whistleblowing power imbalances?
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 relat...
Main Author: | |
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Contributors: | |
Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
Published: |
2023
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In: |
Journal of business ethics
Year: 2023, Volume: 182, Issue: 2, Pages: 365-376 |
Further subjects: | B
Discrimination
B Adjudication B Aufsatz in Zeitschrift B Whistleblowing |
Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
Summary: | 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. |
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ISSN: | 1573-0697 |
Contains: | Enthalten in: Journal of business ethics
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Persistent identifiers: | DOI: 10.1007/s10551-021-05023-8 |