Slighty Confused, most of the time.

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G7M13Q17

[Amethyst]

https://legalbeagles.info/forums/for...rmation-sought ? In any case I think my answer would be the same, why would you NOT report your concerns if the activities are as you suspect.

That aside - What is your case - unfair dismissal ? What were the actual reasons given for your dismissal ?

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W23-10/10-20/20-67 - FM88

Time 12:58.

This is what I'm having to deal with on this subject, which will come out in the case.

[Amethyst]

Well, the invoice wasn't paid by the company and you have evidence that you'd personally paid it and that the company had made out a new invoice to correct the error. There was no attempt by you to get the company to pay the invoice and the only way they new the plant company had made an invoice out in the company name was because they traveled through your emails. So no, on the face of it there was nothing wrong and certainly not gross misconduct requiring immediate dismissal without following any procedures at all.

Ill tag Ula regarding the tribunal and dismissal procedures ( you were a director of the company ? I'm not sure if that makes a difference potentially )

Whistleblowing wise - you have raised concerns informally it seems within the boardroom only - they have leapt on you to discredit you before you could do anything else by the sound of it ? Is your solicitor thinking a settlement agreement is more likely because they will try to impose an NDA ? ( it wouldn't be enforceable if the disclosures were for criminal activity - lots in the press around this recently - primarily regarding sexual harassment allegations but should cover all criminal activity )

[ULA]

Sorry for the delay in responding but there are several things to unravel in your posts and I needed to get everything worked through before posting.

I presume that your seniority level meant that you were under a Service Agreement rather than a standard employment contract? In which case your solicitor should have reviewed this in regard to your dismissal and lack of any process. Incidentally, at the time of your dismissal and in the 15 minutes you were in the meeting was any of the discussion about misappropriation of company funds or where you raising concerns over the issues discussed in the previous meeting? Did the CEO give you a reason for dismissing you at the immediate time?

Your solicitor and barrister have far more experience that I do but my view would be firstly due process to dismiss you was not followed and at the time this perceived misappropriation of funds would not have been known about as the reason for dismissing you.

It seems that you have copies of everything relating to the purchase of the machinery including the original invoice and the one your wife asked them to produce when she realised it was in the wrong name, email correspondence between our wife and the company and not least you can prove the transaction left your own personal bank account. In which case, based on what you have said if it is solely this incidence that is being cited as the misappropriation of funds and the reason for your dismissal, then the evidence you have should prove otherwise.

With regard to witnesses dropping out, do you already have witness statements from these individuals? Are they existing employees of the company and in which case I can understand their reluctance to appear at the Tribunal. Ultimately though your solicitor could ask the Tribunal for a witness order to get them to attend although a reluctant witness is not ideal.

In regard to documents/emails and the supposed deletion thereof - has your solicitor spoken to you about computer forensic analysis? I think it would probably need an order to the Tribunal to actually allow this activity to happen but the threat to the company of pursuing this, to really understand what has been deleted, may result in them suddenly becoming available. Just a thought.

Amethyst is correct that even if there is a settlement which contains an NDA, if any whistleblowing is about criminal activity this would not be covered.

My experience is purely employment so I cannot provide any insight on the PI activities which must be really frightening/stressful for you and your family.