Government fights whistleblower video
BBCGovernment lawyers have appealed against a judge's decision to allow a video of a meeting of a safeguarding group to be played during an employment tribunal.
Alison Renouf was dismissed from her role as a social worker with the States Employment Board (SEB) after she shared the video with Family Nursing and Home Care and the National Society for the Prevention of Cruelty to Children.
Having brought an unfair dismissal claim, Renouf argued she shared the video in an effort to protect children.
The judge, Dr Elena Moran, adjourned the hearing until 12 November.
'Confidential meeting'
On Wednesday, Dr Moran said that the video could be played during the tribunal after Advocate Christopher Austin, representing the States Employment Board, argued the meeting was never intended to be made public.
He said it could lead to "a loss of confidence of attendees at these meetings that they can discuss things privately".
The meeting was between the Accountable Officers' Group, a group of government officials which sits above and supports the Safeguarding Partnership Board, which coordinates work to safeguard children and adults.
On Thursday, Austin appealed against Dr Moran's decision, arguing that sharing the video could compromise the meeting attendee's legal privacy rights.
At one point, Dr Moran described the process of applications as "clear as mud".
The SEB's application for leave to appeal against the decision to allow the video to be played will be heard on 12 November.
In its opening statement, the SEB said Renouf's dismissal was fair because she "breached her obligations of confidentiality" in her contract.
"By virtue of her employment the claimant had access to sensitive information... which she would have known is confidential."
Renouf had initiated a whistleblowing process by making a whistleblowing complaint.
But the SEB argued she diverged from the process, without it being finalised, and said that was "a wrongful action".
It said: "Disciplinary proceedings then proceeded and concluded with a decision that the disclosures made to third parties constituted gross misconduct by the claimant, justifying her dismissal."
Renouf - who has represented herself - said in cross-examination that she had "lost confidence" that internal processes would deal with her concerns in a timely manner.
The tribunal is due to hear her opening statement and evidence - including the video of the meeting, when it reconvenes.
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