Whistleblown and now my employer has suspended me

[rejam]

I already have an outstanding grievance against my employer for age discrimination (I am 63). I have now whistle blown on my employer to the regulator and they have suspended me with the view to most likely summarily dismiss me. I do not know what to do. I am aware I am covered by the law for whistleblowing but I do not know how to address the issue. I have been suspended pending an investigation. Is it a case of I must be dismissed then file for unfair dismissal? I cannot afford the mortgage etc if I am put in this position and will also not be able to get another job at my age. My reputation has been tarnished and my doctor has declared me unfit for work due to the stress and trauma this is causing me. I have asked the employer to postpone their investigation meeting with myself as I am not well enough to go into work but have had no reply. I am aware that the employer can summarily dismiss me once they have conducted their investigation meeting with me, without it needing to go to a disciplinary hearing. As you can see, I am in a real predicament and do not know which way to turn! Please advise. Thank you.

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Please note that the whistleblowing is not in relation to the age discrimination. it is related to the employer covering up wrong-doings that was putting vulnerable people at risk.

[Amethyst]

Re: Whistleblown and now my employer has suspended me

Hi, Welcome, sorry to hear of the stress you are going through.

Couple of queries to enable peeps to offer any help,

Did you whistleblow AFTER you were suspended or before ?

What was the age discrimination and what stage was your grievance at ?

[rejam]

Re: Whistleblown and now my employer has suspended me

Before the suspension. The employer had been aware of the wrong doings for some 5-6 months prior to me notifying the regulator.

The age discrimination was for not allowing me a promotion, saying there is an 'age problem and too many old people' and the person who was offered the promotion is under half my age with no experience of the role. I had been covering the role for over a year, successfully, prior to this. I raised the grievance with the employer and it was never resolved. they have now told me they believe it to have been closed but this was never communicated to me. I have asked that if this is the case I wish to appeal it.

thank you you for replying to me.

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Once I notified the regulator I was suspended a matter of days afterwards.

[sean5302]

Re: Whistleblown and now my employer has suspended me

Hi rejam.

You've come to the right place. We WILL help you.

Your "rabbits are running" and there's no need. We need to take a step back and ask you some basic questions, as Amethyst has already started.
Firstly, how long have you been employed with this employer?
What reason have they given for your suspension?
Are you suspended on full pay?
Who is the regulator?

From what you have told us so far, I don't think you have much, if anything, to worry about.
You're among friends here.

[rejam]

Re: Whistleblown and now my employer has suspended me

I have been with the employer for 6 years and no blemishes on my record.
The reason is for "responding in an inappropriate manner to the awarding body" (that is who is I told about the malpractice after my employer ignored it for some 5-6 months).
Yes I am suspended on full pay.
i am concerned about going into too much detail in case my employer looks on here

thank you you for your reply

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Please note my response to the awarding body detailed the malpractice the employer had tried to cover up and therefore wasn't, in my eyes, inappropriate.

[sean5302]

Re: Whistleblown and now my employer has suspended me

Click on my name and you can PM me.
I undertake not to disclose the confidential elements of what you might tell me.
Your service gives you eligibility to lots of protection, so your worries are unreasonable.

[rejam]

Re: Whistleblown and now my employer has suspended me

Thank you for your kind words. I have sent you a message.

[sean5302]

Re: Whistleblown and now my employer has suspended me

Thank you for the PM.
What you have detailed there is a very clear breach of the rules on age discrimination.
It's one leader's wish to alter the age profile, entirely disregarding UK law about such discrimination.
If, what you have disclosed to the regulator is true, I cannot see that your organisation can have any grounds for action against you.
They might not, and do not, like what you have done but your actions seem entirely reasonable.
The only flaw is that issue you revealed in the PM.
It looks like they were seeking anything to "nail you" with.
You need to wait and see what develops. We're here to assist you and employment tribunals aren't daft. They'll see through retaliatory actions taken against someone who legitimately reveals wrongdoing.

[rejam]

Re: Whistleblown and now my employer has suspended me

Thank you.

Is the flaw you mention the first part of the allegations against me? About the registration? I believe too that they are looking for an excuse to get rid of me and that is why I feel so sad, especially as it is now the end of my working life.

Do I just need to allow the process to happen? Then appeal if I am dismissed? As I am currently off signed off work by my Doctor, can they continue their investigation without me? They had said it would involve a meeting with myself but if I am unable to attend can they still proceed in my absence?
I am unsure if I need to just allow the process to happen then appeal against it (which I imagine is a lengthy process?), or is there anything I can do now to stop the investigation?

Can I still appeal the age discrimination issue and take that to a tribunal whilst the suspension is still ongoing?

Sorry for asking so many questions, I am still just a little stuck as to what to do. I feel like it's a case of having to jump one way or the other but I don't know which way to jump for the best

Thanks again for your reply and for all the advice and support you're offering me

[sean5302]

Re: Whistleblown and now my employer has suspended me

Yes, the flaw is the registration issue.
Yes, you need to follow their process, and yes again, they can conduct a hearing without you. Always to be avoided since you would want to take your own notes during such a meeting to be able to use as evidence at an ET.
You cannot stop an investigation, indeed that is the prime reason for suspending you, so you can't interfere with the investigation.
Yes, you can go to an ET now, seeking compensation for what has happened to you as a result of discrimination.

This brings me to my main recommendation for you.
If in doubt, do nowt.
(Yorkshireman expression).
I can see that you want to act, rather than sit back and see what comes. That is always a bad move.
They seem to be the guilty party. They discriminated against you, they suspended you, they sought to dredge up old matters to do a witch-hunt against you.
The ball is in their court and I'd wait to see how they get themselves out of the mess they created.
You should get out in the sunshine. Do some walking, running, swimming or whatever you like doing. Treat your time as if you only have one life and you have unexpected extra holiday. Enjoy things and see what develops.

[rejam]

Re: Whistleblown and now my employer has suspended me

Thank you very much. I will take your advice and try to relax. Thank you

[teaboy2]

Re: Whistleblown and now my employer has suspended me

Obviously i do not know the full ins and outs here like Sean does. And i totally agree with the advice hes given you. The employer is clearly retaliating against you for whistle-blowing to the regulatory body and accusing you of giving "inappropriate" feedback to the regulatory body as reason for your suspension. You made your employer aware of the issue of ongoing malpractice 5-6 months ago and nothing was done about it, so you justifiably took action and reported the issues to the regulatory body, which is the correct approach. Therefore your actions were reasonable and justified!

Its unlikely you will be summary dismissed, so a full disciplinary will likely be on the cards, should they be stupid enough to discipline you at all. In which case it may be wise to write up a letter informing them that their act of suspending you as a direct result of your reporting the ongoing issues of malpractice, which you had informed the employer of 5-6 months ago (to which they did nothing to remedy), to the regulatory body is a protected disclosure under section Part IVA of the Employment Rights Act 1996. Not only that, but because it is a protected disclosure under said act, you have the right under section 47B of the same said Act to not suffer detriment (i.e be suspended, disciplined, dismissed etc etc) as a direct result of making such protect disclosure. And hand said letter to them at the investigatory meeting, or by posting to them by recorded post where a signature is required on receipt.

They may call it "inappropriate" feedback, but no matter what they call it, it doesn't change the fact that it is a protected disclosure - Its only "inappropriate" to them because it puts them under the regulators spotlight, where if they had acted when you informed them about the malpractice, you wouldn't have needed to report to the regulatory body.

Anyway i shall leave you in Seans capable hands.

[rejam]

Re: Whistleblown and now my employer has suspended me

Thank you for your reply.

All of your advice has been invaluable to me and I cannot thank you enough. I feel a little more hopeful thanks to your advice and kind words.

I am off sick as well as continued suspension - I assume the suspension is ongoing as no one has told me otherwise and it has been over 2 weeks now, and I asked for my investigatory meeting be rescheduled but HR have not responded yet or given an acknowledgement of my email, although I suppose they will be in contact in the near future. if the employer does contact me again, can income back to you for further guidance?

Many thanks once once again for your help

[teaboy2]

Re: Whistleblown and now my employer has suspended me

If you do not hear back from them by the end of this week, then let us know. And off course feel free to come back whenever you need any more support/help or have more questions that you may think off later.

Oh.. And just so everyone knows - Rejam has Pm'd me with the full ins and outs now too.

[rejam]

Re: Whistleblown and now my employer has suspended me

Hi

I hope you are all well.

There have been further developments to my above situation and I wondered if anyone could provide me with any advice or guidance on what I should do next.

I don't feel comfortable posting the details on here in case my employer sees it and uses it against me.

Any help would be much appreciated.

Kind regards