Whistleblowing

[lba40]

Hi All,

Hope someone can help. A friend has just been dismissed after 14 months service out of the blue and after looking at dismissal letter/reasons, I think it was grossly unfair. I've advised him that he doesn't have any claim for unfair dismissal, but his (now former) employer is holding his pay which he's already worked for, in return for a signed Non-Disclosure agreement letter. My friends didn't have a contract. He knows of fradualant activity ie (obtaining contracts through Tenders after receiving inside info on pricing), and also negligence which concerns public safety by his ex-employer and is thinking of Whistleblowing. Does anyone know where he stands on this as I know the law has changed on Whistleblowing and it isn't a particular strong point of mine? In particular, now that he is an EX EMPLOYEE.

Many thanks,
Lba40.

[Johnboy007]

Re: Whistleblowing

Hi,
The employer is acting unlawfully by holding onto his pay.
Tell him not to sign the document. Unless he is desperate for money.
If he needs his money, get him to go to a high street solicitor, and swear an affidavit, which costs about £10.00
He should state that he intends to sign a Non-Disclosure agreement letter at (name of company) on (give date he will sign).
But in doing so, it will be signed under duress, in order to get wages that are lawfully his, and are being witheld.
Once he has done this, then signing the letter is OK, as any agreement signed under duress, would make that agreement, null and void, and he has proof by the affidavit, which is a sworn on oath statement.



Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

He can complain to an Employment Tribunal, which will make the company pay him what he is lawfully owed, plus he may also get compensation.
Your friend can still report wrongdoings although he is no longer an employee.

If you need any more help, just ask....... JB

[lba40]

Re: Whistleblowing

Thank you so much JB.

Fountain of knowledge as always.

Regards,
Lba40.

[Johnboy007]

Re: Whistleblowing

Thank you so much JB.

Fountain of knowledge as always.

Regards,
Lba40.

Rather be a fountain of beer mate.........:lol:

Regards, JB

[lba40]

Re: Whistleblowing

Just some further info on Whistleblowing. Spoke to a really helpful charity today who seemed very knowledgable & helpful. I didn't know that you could be eligible for a defence against employers pursuing you for Defamation/Damages etc.
http://www.pcaw.org.uk/

Regards,
Lba40