Confidential information disclosure

[Claimant0777]

Hi,

I would like to ask dear forum members for an advice, please.

I took my current employer to the ET for discrimination. After the preliminary hearing I submitted an application to add a whistleblowing claim. I then received a correspondence from the tribunal giving a date for a further preliminary hearing.

Does this mean they have allowed my amendment request? Their email didn't give any other details but included an agenda form to complete and submit before the second preliminary hearing.

During the first preliminary hearing the judge made orders regarding exchange of list of documents, witness statements and bundle preparation. However, all these dates come before the second preliminary hearing. In this case, does it mean the judge orders are cancelled till the second preliminary hearing?

If the orders are not cancelled, in the list of documents can I include the employer's confidential information as an evidence? I have learned that you would be allowed to do so if you had a whistleblowing case.

Many thanks in advance!

[EnglandPi]

You need to ask the tribunal service.

[ULA]

On the information provided by the Tribunal for the second premlinary hearing (PH) does it have the same or a different case number from your ET claim for discrimination. Are the two matters linked or separate claims? It would be a good idea just to contact them by phone if you have the patience but it may be quicker than email and get clarification.

It likely that as you have put in this second claim the new PH will be hear whether there are any merits in the claim and if judged to be a valid claim whether it should be continued in its own right or added to the first claim.

I would suggest that you continue your preparation for the discrimination claim PH in accordance with the case management orders.

[Claimant0777]

Thanks a lot for the replies. I had phoned the Tribunal service, but the lady on the phone suggested me to email and ask the judge. One the other hand, the Respondent is following the initial orders, so I assume the orders stay in place.

The case reference numbers are different. What would this mean?

Is it safe for me to include the confidential documents related to whistleblowing and discrimination or would I risk being dismissed for breach of trust?

If I withhold the documents for now until the further preliminary hearing, can I include them after the hearing?

These are essential as it would show the respondent is lying.

[ULA]

I would say that at the moment they are being treated as two separate claims. Therefore you need to continue with the preparations for the first PH and for this claim you will need to provide the documents that help you to prove the legal validity of this particular claim.

Can i clarify whether you are still employed by the company you are bringing the claims against?

If you are still employed then In your whistleblowing claim are you claiming detrimental treatment by your employer as a result of the act of whistlblowing? The whistleblowing report that you made was it in the public interest and did it come under any of the following:

* a criminal offence, for example fraud
* someone's health and safety is/was in danger
* risk or actual damage to the environment
* a miscarriage of justice
* the company is breaking the law, for example does not have the right insurance
* you believe someone is covering up a wrongdoing

[Claimant0777]

Thanks for explaining!

Yes, I am still employed and claiming a detrimental treatment as a result of making the disclosure.

I am not sure under which one it falls, but the company treated a BAME representative very differently to other employees and I have paperwork to prove that. I believe a racial discrimination is an unlawful act and if I raised my concern regarding the matter, that would be a protected disclosure, isn't it?

[ULA]

Grievances and issues about racial discrimination are potentially not whistleblowing unless they are in the public interest. It nees to satisfy both tests of being in the public interest and falling into one of those 6 categories.

[Claimant0777]

What if a post is given to someone less qualified without even advertising the post while there is a much more qualified and experienced fixed term employee whose contract is finishing? And this is taking place at a publicly funded organisation.

[ULA]

I am not sure that this would be a considered a whistleblowing incident but I am not a lawyer or tribunal judge.

[Claimant0777]

Hi Ula

Can you advise me please? The Respondent lied in their ET3 form saying someone has been working for them for years, so they were only promoted as an internal candidate. In fact, that person was an external candidate and never worked before for the Respondent before being recruited unfairly without the job advert for everyone to apply. As the respondent is a publicly funded organisation, they should not have done so.

Now, because I raised their lie and proved their lie they say that they by mistake they had written about the other person with the same name. They have applied to amend their ET3 form acknowledging that there is only one person with that name currently working in the organisation, but they relied on another person's CV they held in their records when they were responding to the ET.

Is there a way to say that unless they show p60, p45 and a witness statements from her managers (as they had claimed that she had been working for years at the Respondent) their amendment request should be denied? Or even get their case to strike out level?

[ULA]

It is not up to you as the claimant to set out demands to the Tribunal of documents needed for it to accept or otherwise the request by the respondent to amend the ET3. In any case P60s and P45s are personal information and it is up to the respondent to say who they wish to have provide witness statements.

If you have been given leave to provide your objections to the request then you need to do so on reasoned arguments, part of that just may be a general statement about the respondent being able to provide adequate evidence in regard to the person of their employment status and length of service with the organisation.

[Claimant0777]

Thank you for your reply.

Could I not object to their amendment request saying unless they provide documentary evidence about the existence of another employee with the same name (they claim another person left now) their amendment request should be rejected?

[Claimant0777]

How many times can I request case amendment?

My first amendment request has not been decided yet, a further preliminary hearing was set up for that. Now the respondent has submitted an amendment request to which I will object. If their amendment request is granted can I request another amendment to my claim which would make them answer fully to the question of unfair recruitment?

[Claimant0777]

How much difference is between defending a discrimination case and whistleblowing case? Why the respondent is so much against the addition of the whistleblowing case saying it would cause soooo much extra work for them despite the people involved and their witness statements should be almost same, like no I didn't do it?

[Claimant0777]

If I give evidence which contains the confidential information on Respondent's employees to the ET as part of my ground of resistance to their amendment application, will it help to establish prima facie of my case and will the burden of proof shift to the employer?