protected disclosure

[Oscarwillow]

Hi can any one help me I need some advice, urgent advice I believe my employer is trying to get rid of me because I said I would go to the QCC regarding the way my employer is flippantly controlling a service users finances and because i have kicked up a fuss that I cant do my job to the best of my ability, because they wont provide me with the right policies and procedures/service user agreement and the statement of purpose, all of which i need to do my job right they are breaking laws around food hygiene amongst which could put the service user and the worker in danger, plus other health and safety issues that could again put both the service user and the support worker in danger.

Imagine a scenario where all the above have been reported to a manager in a team meeting and nothing is done so you go above the manager and email the head of HR to get the policies you need to safe guard yourself and the service user you are looking after, your email is ignored so you send another a week later copying in your manager, again nothing is done so you send another email weeks later in desperation and again no reply, other things start to go wrong like refusing AL requests and to top it all your promised supervision ever month but haven't received any in 15 months its like banging your head up against a brick wall.
then your manager says theirs a team meeting in two weeks and all the team must attend (compulsory) you are not privy to the agenda where you would normally agree the minutes from the last meeting, if the minutes from the last meeting were a true account and signed off as true.
you walk in to the meeting and to your amazement there is your managers manager the head of HR and a new RMN who wants to make a good start in the company. you pick up the agenda and low and behold there it is 2 statements where I threaten to go to the QCC because of my concerns.
you might think, oh great normally it would be but I believe I was set up to come across as aggressive to senior management in order that i would be suspended for gross misconduct then dismissed. Yes I was frustrated cause I still wasn't getting any answers to my questions, I got worked up to the point that I couldn't get my words out, I walked into it hook line and sinker.
MY QUESTION IS would I have a case in a tribunal because I threatened them with a protected disclosure.
Please Help.

[ironman]

Re: protected disclosure

You will have to excuse me as i am a bit rusty. It is my understanding to make a protected disclosure (Whisltle Blowing Act) Public Interest Disclosure Act 1998.

You are protected from dismissal if the disclosure was as to immediate health and safety dangers, criminal activity, or a major public interest matter

So you have to be dismissed before it is relevant to an Employment Tribunal

[zeitgit]

Re: protected disclosure

Hi Oscarwillow. Have a good look at www.tcij.org/whistleblowers.
zeitgit

[Johnboy007]

Re: protected disclosure

According to the 'Public Interest Disclosure Act 1998'.
43B Disclosures qualifying for protection.


(1)In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following—
(a)that a criminal offence has been committed, is being committed or is likely to be committed,
(b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
(c)that a miscarriage of justice has occurred, is occurring or is likely to occur,
(d)that the health or safety of any individual has been, is being or is likely to be endangered,
(e)that the environment has been, is being or is likely to be damaged, or
(f)that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.
(2)For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.
(3)A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.
(4)A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.
(5)In this Part “the relevant failure”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1).

43C Disclosure to employer or other responsible person.

(1)A qualifying disclosure is made in accordance with this section if the worker makes the disclosure in good faith—

(a)to his employer, or
(b)where the worker reasonably believes that the relevant failure relates solely or mainly to—
(i)the conduct of a person other than his employer, or
(ii)any other matter for which a person other than his employer has legal responsibility,
to that other person.
(2)A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer.

For your employer to dismiss you, he would have to have a lawful excuse.

[Oscarwillow]

Re: protected disclosure

Thanks for all the replies guys am gutted cause the new rules have just come out where an employee has to have two years service in before they can go to tribunal for unfair, there are exceptions to the rule but do I come into that bracket, any ideas guys.
dismissal

According to the 'Public Interest Disclosure Act 1998'.
43B Disclosures qualifying for protection.


(1)In this Part a “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following—
(a)that a criminal offence has been committed, is being committed or is likely to be committed,
(b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
(c)that a miscarriage of justice has occurred, is occurring or is likely to occur,
(d)that the health or safety of any individual has been, is being or is likely to be endangered,
(e)that the environment has been, is being or is likely to be damaged, or
(f)that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.
(2)For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.
(3)A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.
(4)A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.
(5)In this Part “the relevant failure”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1).

43C Disclosure to employer or other responsible person.

(1)A qualifying disclosure is made in accordance with this section if the worker makes the disclosure in good faith—

(a)to his employer, or
(b)where the worker reasonably believes that the relevant failure relates solely or mainly to—
(i)the conduct of a person other than his employer, or
(ii)any other matter for which a person other than his employer has legal responsibility,
to that other person.
(2)A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer.

For your employer to dismiss you, he would have to have a lawful excuse.

[Oscarwillow]

Re: protected disclosure

Thanks for all the information you have all given me hope although i am gutted cause the new rules have just come out where an employee has to have two years service in before they can go to tribunal for unfair dismissal, there are exceptions to the rule but do I come into that bracket, any ideas guys.

[Johnboy007]

Re: protected disclosure

Contact A.C.A.S the conciliation body for advice.
Acas
Telephone: 0300 123 1100
Textphone: 18001 030 0123 1100
Monday to Friday, 8am to 8pm
Saturday, 9am to 1pm

You must contact Acas (Advisory, Conciliation and Arbitration Service) to use their free ‘Early Conciliation’ service before applying to the tribunal.


You’ll get a certificate from Acas that you’ll need for your employment tribunal claim if conciliation doesn’t work.
You usually have to apply to the tribunal within 3 months of your employment ending, or the problem happening at work.


Dismissals and whistleblowing

A worker can’t be dismissed because of whistleblowing. If they are, they can claim unfair dismissal - they’ll be protected by law as long as certain criteria are met.
Types of whistleblowing eligible for protection

These are called ‘qualifying disclosures’. They include when someone reports:

• that someone’s health and safety is in danger
• damage to the environment
• a criminal offence
• that the company isn’t obeying the law (like not having the right insurance)
• that someone’s covering up wrongdoing

Who is protected

The following people are protected:

• employees
• agency workers
• people that are training with an employer, but not employed
• self-employed workers, if supervised or working off-site

You’re also protected if you work in a school or sixth-form college, whether you’re an employee or an agency worker.
NHS workers who work under certain contractual arrangements, eg certain GPs and dentists, are also protected.
A worker will be eligible for protection if:

• they honestly think what they’re reporting is true
• they think they’re telling the right person
• they believe that their disclosure is in the public interest

Who isn’t protected

Workers aren’t protected from dismissal if:

• they break the law when they report something (eg they signed the Official Secrets Act)
• they found out about the wrongdoing when someone wanted legal advice (‘legal professional privilege’) - eg if they’re a solicitor

Workers who aren’t employees can’t claim unfair dismissal because of whistleblowing, but they are protected and can claim ‘detrimental treatment’.

Tribunals

Workers dismissed for whistle-blowing can go to an employment tribunal or an industrial tribunal in Northern Ireland.

If the tribunal decides the employee has been unfairly dismissed, it will order that they are:

• reinstated (get their job back)
• paid compensation

A tribunal judge can reduce any compensation awarded by 25% if they find the person has acted dishonestly.

A whistle-blower who is bullied at work will also be able to bring a claim to the employment tribunal against their employer or colleagues.

Hope this helps you.......

[MissFM]

Re: protected disclosure

Hi can any one help me I need some advice, urgent advice I believe my employer is trying to get rid of me because I said I would go to the QCC regarding the way my employer is flippantly controlling a service users finances and because i have kicked up a fuss that I cant do my job to the best of my ability, because they wont provide me with the right policies and procedures/service user agreement and the statement of purpose, all of which i need to do my job right they are breaking laws around food hygiene amongst which could put the service user and the worker in danger, plus other health and safety issues that could again put both the service user and the support worker in danger.

Hi Oscarwillow,

To add to the very helpful replies above, what you say in your post does indeed give rise to grave concern.

Assuming that the "service users" are vulnerable people and that the service is one that should be supporting them it's immensely important that they are not abused in the ways you suspect. If your employers have nothing to hide then they will have nothing to fear from a report to the QCC, even the police, if necessary.

I salute your courage in challenging practices that fall short and please do take it further as it sounds as if they have much that they wish to hide from those who would intervene to safeguard the vulnerable.