Nov. 29-Dec. 1, 2021 — LONDON: Invitation and analysis / opinion by Mathew Carr
I’m somewhat shocked at how my former employer Bloomberg News is arguing that I never blew the whistle about the damage we were doing because of our bad news coverage of the climate crisis and the available solutions.
Don’t get me wrong. Bloomberg probably isn’t the worst of the worst media outlet.
What seems clear is the pro-western, pro fossil fuel, pro status quo public discourse in much of the mainstream media around the world has probably helped lead to the stifling of rational policy making during the past three decades.
Hopefully, the Glasgow climate pact (and better global collaboration) has changed that.
This Wednesday, the UK Employment Appeal Tribunal’s Justice Heather Williams considers my appeal against a decision made by a lower Employment Tribunal to strike out some of my emails that attempted to improve Bloomberg’s news coverage, since about 2016.
Bloomberg earlier successfully argued the emails were not whistleblowing (which is why they were struck out).
The EAT oversees employment-law disputes in Britain, when lower Employment Tribunal decisions are appealed.
Part of the employment law is the Public Interest Disclosure Act 1998, which protects whistleblowers from negative treatment or unfair dismissal … PIDA makes it unlawful to subject a worker to negative treatment or to dismiss them because they have raised a whistleblowing concern.
I was fired by Bloomberg in May 2020. Bloomberg argues I wasn’t capable enough to do my job, even after almost 20 years of service.
The most surprising twist so far in the case is one of Bloomberg’s many arguments, which the EAT has been notifed of:
It argued “the information disclosed must be of specific damage to a specific environment rather than environmental damage in general; and/or
— in order for the maker of the disclosure to have a reasonable belief that the disclosure is in the public interest, the information must:
* have an element of novelty; or
* relate to specific damage to a specific environment.
I’ve argued and will argue the climate is a specific environment.
I won’t go further into it now, let’s see how the day progresses.
One thing is clear – this is an untested area of law.
You can watch, apparently. Send an email to the court if you have any trouble. See below. Here are the “teams” joining instructions from the court after the in-person details:
Details …When? Login: 10:15am at the lastest, UK time, Wednesday Dec. 1, 2021 — No audio recording or videoing — the rules mean your house or office effectively become part of the hearing room
In person: Employment Appeal Tribunal | HMCTS | 5TH Floor | 7 Rolls Building | Fetter Lane | London | EC4A 1NL (A seperate room is being made available, apparently)
I’m being represented by James Wynne of Littleton Chambers, with the help of whistleblowing charity Protect, which is seeking to improve the flawed British whistleblowing law.
From the court (unedited):
This hearing will take place by way of MS Teams video meeting at 10.30am on Wednesday 1 December 2021. Please join the MS Teams meeting by 10.15am so that any technical issues can be addressed before the start of the hearing. You will wait in a virtual lobby until the hearing is ready to start.
To join the meeting, please click on the link at the bottom of this email “Click here to join the meeting”. You may be required to install the MS Teams App but this is a free service to those who are invited to this hearing. You will be joining the meeting as a guest. If you do not have MS Teams, please do not try to install it now, in advance of the hearing as you may need to pay an annual fee. MS Teams is free if you click on the link at the bottom of this email.
Please join the hearing approximately 15 minutes before the start as this will give you time to install the app and familiarise yourself with the process. If you encounter any problems, please contact me on 020 7273 1041 or email me at EATAssociates@justice.gov.uk
You have indicated that you shall be attending this hearing remotely. Please note that the President of the EAT, Mr Justice Choudhury, directs that, if you do so, the premises from which you attend shall, for the duration of the hearing, be deemed an extension of the Courtroom of the EAT.
Please note that, as a result of this direction, the prohibitions and rules that apply in respect of physical attendance at a Courtroom of the EAT, shall also apply to those premises deemed to be an extension of the Court. Accordingly, all photography or recording and filming of these proceedings at or from those premises is strictly prohibited.
Please note that the hearing will be recorded, just the same as if it were taking place in a court room and I must inform you that you are not permitted to record the hearing as it is a criminal contempt of court to do so.
Microsoft Teams meeting
Join on your computer or mobile app
Join with a video conferencing device
Video Conference ID: 127 496 685 7
Or call in (audio only)
+44 20 3443 8791,,490154070# United Kingdom, London
Phone Conference ID: 490 154 070#
Employment Appeal Tribunal | HMCTS | 5TH Floor | 7 Rolls Building | Fetter Lane | London | EC4A 1NL
Phone: 020 7273 1068
From 12 July 2021, you can submit new appeals and documents to existing Appeals digitally using CE-File.
For guidance, support or more information about CE-File, please click herehttps://www.gov.uk/guidance/hmcts-e-filing-service-for-citizens-and-professionals
OPINION: Bloomberg LP Fired Me, a Climate Whistleblower; Someone Needs to Probe Mike’s Soul (1)