In a very broken system, as a Litigant in Person in a public sector whistleblowing case, you will have to fight the HR policies and procedures and the HM Attorney General chambers as much or more than the relevant government department or parliament.

HM AG chambers represent the taxpayer funded corporate entity and, given all employees are taxpayers, you could be forgiven for thinking multiple employees in an employment dispute would be treated equally, innocent until proved guilty. However, if you report wrongdoing in good faith, you are suddenly in the firing line. Literally.

The MIRS, Tribunal and small claims procedure explanatory notes are all good but not quite good enough for a first time LIP. Lessons learned:

1. The claim form needs to be as complete as possible with high level reference to each issue type and minimised context. It is not a witness statement but it becomes harder and harder to amend. There needs to be a definitive issues check list for a LIP with a simple explanation in notes such as unfair dismissal, constructive unfair dismissal due to whistleblowing, victimisation, unlawful deduction of wages, age discrimination, sex discrimination, disability discrimination, etc.

2. Ask to look at the public register (ironically in a private room) and review other cases before you finalise your claim form.

3. You need to familiarise yourself with the tribunal process so go to a relevant case if one within your timeline or, if not, another case shortlisted and selected from the public register and the cases and dates listed online.

4. Shortlist and review some relevant cases and judgments from the Isle of Man judgments database.

5. You need to familiarise yourself with the legislation, regulations, etc relevant to your case. The Employment Act 2006, health and safety regulations and, if a more complex case, the tribunal rules. You need to clarify if any claim in your case is outside scope. Data protection compensation via the small claims procedure in the high court. Criminal offences via the police but you will then need to consider timing because a crime reference number will potentially pause a civil case such as the employment tribunal because a guilty person would not answer a self-incriminating question!

If you want to help stop injustice contact us by email via tynwaldpapers@gmail.com in the first instance.