Protected disclosure - technical help please

[TLOR]

Hi,

I hope you don't mind me asking for help here, I love these forums!

I was recently made redundant in what was clearly a sham redundancy.

A little over a year before this happened I went through the grievance process against my boss, a long serving senior director of the company because of bullying when it came to light that he was having an affair with a female colleague whom I did not get on with professionally.

I have since done the right thing and found employment after the redundancy so I have no actual losses.

My question is, if I can show that the redundancy was a sham and due to my protected disclosure can I claim compensation for injury to feelings?

[Hurricane Puffrose]

Re: Protected disclosure - technical help please

welcome to LB, good to hear from you, it might not be possible to su for injury to feelings, however it may be worth looking in to constructive dismissal, however im unsure of the time limits on cases like this.

If there is evidence you were bullied and earmarked for redundancy due to the relationship it may be a case. I would check with some of my more experienced friends too first.

[miliitant]

Re: Protected disclosure - technical help please

protected disclosure under the whistle blowing act is for health and safety or unlawful practice to gain imunity and protected disclosure status

To be protected as a whistleblower you need to make a ‘qualifying disclosure’ about malpractice. This could be a disclosure about:

• criminal offences
• failure to comply with a legal obligation
• miscarriages of justice
• threats to an individual’s health and safety
• damage to the environment
• a deliberate attempt to cover up any of the above

why is this different

why do you consider your redundancy a sham

[TLOR]

Re: Protected disclosure - technical help please

protected disclosure under the whistle blowing act is for health and safety or unlawful practice to gain imunity and protected disclosure status

To be protected as a whistleblower you need to make a ‘qualifying disclosure’ about malpractice. This could be a disclosure about:

• criminal offences
• failure to comply with a legal obligation
• miscarriages of justice
• threats to an individual’s health and safety
• damage to the environment
• a deliberate attempt to cover up any of the above

why is this different

why do you consider your redundancy a sham

Hi,

Thanks for your reply, my redundancy was a sham because they employed people during the redundancy process and after in the same role I was in and I also have written evidence proving they lied throughtout.

Although I know that the main purpose of protected disclosre was public interest I have been advised that a grievance over bullying can be a PD.

"Genuine grievances about bullying are always sincere, usually a last resort and they usually give the employer information that tends to show one or more of the ‘relevant failures’ listed in the first paragraph. That can make the grievance fit the definition of a protected disclosure. From my experience and observations of others’ situations, genuine grievances about bullying tend to evoke retaliation by employers. That can fit the definition of “detriment” on the ground of having made a protected disclosure. The right not to suffer “detriment” or be dismissed for making a protected disclosure is set out at sections 47B and 103A of the Employment Rights Act 1996. Thus, by making the protected disclosure, an employee gains the right not to be victimised."

I was just looking for confirmation and any further thoughts I guess, I understand that this area is under review but no draft legislation has been introduced to date.

[miliitant]

Re: Protected disclosure - technical help please

well then

if they employed staff during the consultation period and did not offer you a sutible role then it would be unlawful, not unfair dismissal

but you would only have three months less a day from termination to bring an ET1 claim

[TLOR]

Re: Protected disclosure - technical help please

This article also covers the topic in detail: Can a grievance about bullying be a protected disclosure?


Although this type of protected disclosure may not have been the primary source of the legislation I am pleased it excists as it at least gives some protection to victims of bullying that have done the right thing and mitigated their losses.

If it isn't possible to obtain injury to feelings compensation then sham redundancies would be an easy option for unscrupulous employers (other than actual losses which IMO don't adequately cover the additional emotional losses the individual unfairly receives)

[miliitant]

Re: Protected disclosure - technical help please

the average payout at an ET trubunal is 6.5 k compensation

its a cheap way of making people redundant rather than EVR

employers are not scared of tribunals as most are sorted at case management stage

its reputation employers are more interested in