Fairly and Justly? Are Employment Tribunals Able to Even Out Whistleblowing Power Imbalances?
研究英国就业法庭在审理举报案件时，是否真能公平对待双方。分析2015-2018年英格兰和威尔士的所有举报案件，发现歧视索赔与举报索赔同时提出时，举报方代表力量更弱、结果更不利。
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.