Legal expenses insurance additional evidance

[whistleblow]

Hi,
I have submitted a claim on my legal expenses insurance but they wont support my claim because they only see a 40% chance of winning whistle blowing detriment and a 10% chance for unfair dismissal.
I whistleblew about AML failures and mortgage fraud, to my employer in feb 2020. The wrong doing i found led me to make a plan to end my life as I feared for the stakeholders, other employees and the complicity and collusion that was taking place by the senior managment, proving them to not be "fit & proper" in the eyes of the FCA.

I got admitted to a psychiatric hospital and I am still under psychiatric care.

I have claimed unfair dismissal because of a series of events and breakdown of mutual trust and respect. With the final straw being my employer (ops director) saying to me in a phone call " I must provide a GP report saying I wouldn't commit suicide on company premises to protect the company"

Is proving that the CEO and MRLO are not "fit and proper", sufficient to evidence that I had to resign? This is being investigated by the FCA currently.

I now believe I have evidence that the CEO and MRLO have lied to me in writing but I have only gathered this after I resigned.

In summary I resigned because I felt that all trust had broken down between my employer and I. Is the fact that I can only now evidence it after the point i resigned relevant? Is it ok that I felt I had to resign without evidence?

Thanks

[ULA]

When did you resign and leave the company?

How long were you employed there?

[whistleblow]

When did you resign and leave the company?

How long were you employed there?

employed 3 years. resigned 02/21. submitted early conciliation claim through acas. submitted my et1 and received the et3 yesterday

[ULA]

Thanks for that information I was just checking that everything was "in time".

Did your insurer provide any details as to why they believed your chances of success on both counts were so low?

What were your grounds/concerns for resigning with a view to claiming constructive unfair dismissal? Did you raise these in advance of resigning by way of a grievance.

What detriment do you believe you suffered a result of your whistleblowing?

[whistleblow]

yes the insurer wrote me a report. Rereading it doesn't refer to any points in my grievance. My resignation letter didn't reference the grievance letter.

I submitted a grievance 01/2021. I was responded to 05/2021 and all of my complaints were denied.
The CEO denied I made a whistle blow and took it as a personal concern (It used to be my role to deliver annual whistle blowing training, as an FCA approved person, I know what whistle blowing is) . I also made a Whistle Blow to the Money Laundering Reporting Officer and he now says he was on holiday. I had both of these meetings. I made it clear I was Whistle Blowing. They are lying. They have colluded. This further confirms my concerns which I have reported to the FCA.
I plan to respond to the Grievance in the next few days.

I am severally suffering with anxiety and depression, which makes my mind race all over the place. The medication I take makes my brain "fluffy" and information retention difficult.
My number 1 grievance and concern is that my employer (management team) is not "fit and proper" and they put training and process in place which would lead to me losing my job if i followed them. I do not want to work with a firm where the CEO and senior management team are happy to lie and not act in line with the FCA's definition of "fit and proper"

What detriment do you believe you suffered a result of your whistleblowing?
I was in receipt of discretionary pay while off sick. This was stopped when I informed my employer I had whistle blown to the regulator.
I also feel there was a marked change in the way I was being communicated with.

[ULA]

Without knowing what was in the insurer's report, or seeing your ET1 and the ET3 all I can do is provide some practical suggestions as to what need to be considering in pursuing your claim.

It seems like they have taken a while to deal with your grievance and that you resigned before the outcome of your grievance was know. Although you are no longer employed by the company did you given you a timescale to appeal the outcome of the grievance, normally this is 5 days so you need to make sure you are not out of time to do this.

Have you made a record of the date/time/place/by whom you suffered a detrimment after you had whistle blown as that will be very important for supporting your claim?

In addition for the constructive unfair dismissal claim it will be down to you to prove that you had no option but to resign due to the actions of your employer. Again you will need to be able to support this with details of incidents that occured which demonstrate that there was a breach of contract by your employer.

[tiger1211]

Hi I am sorry to learn of your predicament. I have just been through a whistleblowing claim, but I don't work in the financial sector.

At a Preliminary hearing I was asked to complete tables, one for 'Disclosure' and another for 'Detriment'.

The headings for the Disclosure table were as follows: Where is this on the ET1, When does the Claimant say he made the disclosure, was the disclosure made orally or in writing, what information was disclosed?, Which of the things listed in sub section 43B(1) did the claimant reasonably beleive that the information tended to show? (It is possible that any disclosure will tend to show more than one of the matters listed in sub section 43B(1). if the Claimant says that in his reasonable beleif the information tended to show a breach of legal obligation he should indicate what he beleived the obligation to be).

The Heading for the Detriment table were as follows: Where is this on the ET1, Who inflicted the detriment? When did the treatment occur? What was said, or done or not done that the Claimant considers was to his disadvantage? (What treatment is complained of)

Having been through this process, I am now considering an appeal. I too have suffered some health problems and these problems have been exacerbated by the Tribunal process.

From my experience the Tribunal process is heavily biased towards employers. I know how it feels to be aggreived, but please do put your health first. Best Wishes