A majority of Supreme Court judges seem in favour of rejecting an attempt to make it harder for whistleblowers in the financial sector to prove claims of retaliation.

In Murray v UBS Group, justices are considering whether plaintiffs bringing whistleblower claims must prove their employer acted with a “retaliatory intent” as part of their case in chief, or whether the lack of such intent is part of the affirmative defence that the employer bears the burden of proof.