Hi,
I am hoping to get some information on gagging orders/NDA’s with regards to public disclosures.
The claimant in this case was a whistle blower who raised a serious public safety incident with her employer. The claimant was then was threatened with their job and made an "anonymous" whistle blower by HR. The claimant was never anonymous as they had gone to HR in person then sent a follow up signed letter of complaint. It was also against the employer's own whistle blowing policy at the time to make whistle blowers anonymous, as the disclosure would be less powerful”. This is from the employer’s policy at the time.
"Concerns expressed anonymously are much less powerful, but they will be considered at the discretion of XXXXXXX"
The claimant finally left, started litigation and filled in the ET1 form
The managers involved in the intimidation, were the same managers investigating the whistle blowing case. Hence they were investigating themselves. The claimant had recorded and written evidence to the admittance of serious failures of safety to the public.
The protected disclosure was admitted and is documented in the employers (respondents) "amended response" to the tribunal, so the question of it being a protected disclosure was not even up for debate.
Just before getting to employment tribunal, the claimant was threatened with a costing order of thousands if they lost the case. An NDA was then sent to the claimant which included such things as being gagged from speaking to anyone other than family, from making an SAR (subject access request) and asked them to destroy documents. To name just a few.
The claimant had no solicitor until the final few days. In a pre-hearing for documents that were not being disclosed, the claimant was advised by the Judge to be mindful that this was "public money" and advised the claimant to go to the citizens advice bureau before making a schedule of loss. The claimant was not aware that there were connections between the employer and the citizens advice bureau at the time.
The claimant was given the name of a solicitor they could use for a few hours help. Although the claimant advised this solicitor that they thought the gagging agreement was void in the case of a protected disclosures, the solicitor advised them that they were in fact normal.
This disclosure was a serious public safety issue that had been highlighted throughout the press and media for several years.......Are gagging orders valid in such a case? Any advice would be appreciated.
I am hoping to get some information on gagging orders/NDA’s with regards to public disclosures.
The claimant in this case was a whistle blower who raised a serious public safety incident with her employer. The claimant was then was threatened with their job and made an "anonymous" whistle blower by HR. The claimant was never anonymous as they had gone to HR in person then sent a follow up signed letter of complaint. It was also against the employer's own whistle blowing policy at the time to make whistle blowers anonymous, as the disclosure would be less powerful”. This is from the employer’s policy at the time.
"Concerns expressed anonymously are much less powerful, but they will be considered at the discretion of XXXXXXX"
The claimant finally left, started litigation and filled in the ET1 form
The managers involved in the intimidation, were the same managers investigating the whistle blowing case. Hence they were investigating themselves. The claimant had recorded and written evidence to the admittance of serious failures of safety to the public.
The protected disclosure was admitted and is documented in the employers (respondents) "amended response" to the tribunal, so the question of it being a protected disclosure was not even up for debate.
Just before getting to employment tribunal, the claimant was threatened with a costing order of thousands if they lost the case. An NDA was then sent to the claimant which included such things as being gagged from speaking to anyone other than family, from making an SAR (subject access request) and asked them to destroy documents. To name just a few.
The claimant had no solicitor until the final few days. In a pre-hearing for documents that were not being disclosed, the claimant was advised by the Judge to be mindful that this was "public money" and advised the claimant to go to the citizens advice bureau before making a schedule of loss. The claimant was not aware that there were connections between the employer and the citizens advice bureau at the time.
The claimant was given the name of a solicitor they could use for a few hours help. Although the claimant advised this solicitor that they thought the gagging agreement was void in the case of a protected disclosures, the solicitor advised them that they were in fact normal.
This disclosure was a serious public safety issue that had been highlighted throughout the press and media for several years.......Are gagging orders valid in such a case? Any advice would be appreciated.
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