Whitsle blower and now being investigated

[Stuck]

Hi, my situation is a little complicated. I called whistle blower support line and informed the intentions of my managers and disclosed his fraud, investigation started late however by the time they started circumstantially & unintentionally I got involved. And the moment I realized my mistake I came forward and disclosed my identity and exposed everything. now on basis of my statement they re-initiated the investigation. But they are now questioning me as to how could you do something on the managers instruction when you know it is wrong. whereas it was done under pressure and have been working with him for 18 months and when you are working together some times you do it just skipping processes and checking authenticity. Now after this I feel I am in trouble and need some advise as to what are my options. Please help!

[Stuck]

Re: Whitsle blower and now being investigated

Hi does no one have any ideas??

[Kati]

Re: Whitsle blower and now being investigated

:bump: for [MENTION=26290]mariefab[/MENTION]

[MLSolicitors]

Re: Whitsle blower and now being investigated

I thought I posted a response to this last night!

[EXC]

Re: Whitsle blower and now being investigated

I thought I posted a response to this last night!

We don't allow formal or informal advice to be given by private message I'm afraid.

[MLSolicitors]

Re: Whitsle blower and now being investigated

Thanks I appreciate that, the advice wouldn't be given in the PM, as you can appreciate this is a delicate matter (as most Employment issues are) and we would rather give this WB advice face to face, more than happy for the Op to come back and give an account of the final advice that we give. Rest assured, we are not here to answer all questions offline, we know that sharing advice is best for the community.

[MIKE770]

Re: Whitsle blower and now being investigated

Open forums - not secrecy ( (i.e. Barrack room law) the real world. or in VIP section as limited viewings area.

[MLSolicitors]

Re: Whitsle blower and now being investigated

Understood, just trying in this instance to do the best for the Poster :-)

[Amethyst]

Re: Whitsle blower and now being investigated

This is the Whistleblower UK site - http://www.wbuk.org/ - that MLSolicitors is talking about - WBUK HELPLINE 01302 944 785 ( 01302 WHISTL) or contact us at - helpme@wbuk.org

[MLSolicitors]

Re: Whitsle blower and now being investigated

This is the Whistleblower UK site - http://www.wbuk.org/ - that MLSolcitors is talking about - WBUK HELPLINE 01302 944 785 ( 01302 WHISTL) or contact us at - helpme@wbuk.org

Thanks

[Amethyst]

Re: Whitsle blower and now being investigated

Most important thing is that [MENTION=84015]Stuck[/MENTION] gets the help he needs to deal with this. I appreciate your input, we have had problems in the past with unscrupulous touting via PM so we don't allow advice via Private Message - passing on personal details by PM to persons unverified could cause problems, particularly in private employment and financial issues, as the person on the other end of the PM could be anyone, just trying to find out information - it's for the protection of all members of the site. It can make things a bit difficult at times, but the vast majority of general help can be given openly on the forum without getting into specific identities. xxx

[MLSolicitors]

Re: Whitsle blower and now being investigated

Complete agree and understand Amethyst, thanks.

[Openlaw15]

Re: Whitsle blower and now being investigated

Hi, my situation is a little complicated. I called whistle blower support line and informed the intentions of my managers and disclosed his fraud, investigation started late however by the time they started circumstantially & unintentionally I got involved. And the moment I realized my mistake I came forward and disclosed my identity and exposed everything. now on basis of my statement they re-initiated the investigation. But they are now questioning me as to how could you do something on the managers instruction when you know it is wrong. whereas it was done under pressure and have been working with him for 18 months and when you are working together some times you do it just skipping processes and checking authenticity. Now after this I feel I am in trouble and need some advise as to what are my options. Please help!

Hello Stuck.

Hmm, thinking you're doing the right thing in reporting a crime anonymously can turn around and bite you on the bum, it seems. When you try to corner a rat it in turn goes for you... this is what your boss of whom you allege has committed fraud is doing now.

What caused you to come forward and realise your identity? When you say, you're in trouble do mean with the police as well as your employer? Are you being investigated by the company for assisting a crime, ie aid and abetting? Have the company got the police involved at this point? Have you been formally warned of an imminent disciplinary or been threatened with suspension from work? Are you in a Union? What evidence do they have that you assisted a crime if that is what the allegation, is it just your word against his? Is there is trail of paperwork which incriminates you? The problem you have with your employer is that by your actions criminal or otherwise you have breached their trust as an employer, notwithstanding the actions the police or prosecution can take against you. You do however have mitigating circumstances as criminal defence ie you believed you acted under duress (ie some type of force), in addition to several aid/ abetting defences.

[Stuck]

Re: Whitsle blower and now being investigated

Thanks for your response openlaw.
to answer your questions.
What caused you to come forward and realise your identity?
When I understood I am being used, I had to come forward and disclose every thing and also that it was me.

When you say, you're in trouble do mean with the police as well as your employer?
I am not sure if police is involved yet, but they are investigating internally and my boss to hide his wrong doing is highlighting what he made me do.

Are you being investigated by the company for assisting a crime, ie aid and abetting?
Have not been investigated, just taken my statement as I myself disclosed how i got involved.

Have you been formally warned of an imminent disciplinary or been threatened with suspension from work?
The person taking the statement said I am in trouble.

What evidence do they have that you assisted a crime if that is what the allegation,
Dont know what evidence but I myself told them that I was being used

The problem you have with your employer is that by your actions criminal or otherwise you have breached their trust as an employer, notwithstanding the actions the police or prosecution can take against you.
BUT I was the one who called as a whistleblower in the first place, so how did I breach trust.


Please suggest what could happen and what should I do.

[Openlaw15]

Re: Whitsle blower and now being investigated

Thanks for your response openlaw.
to answer your questions.
What caused you to come forward and realise your identity?
When I understood I am being used, I had to come forward and disclose every thing and also that it was me.

When you say, you're in trouble do mean with the police as well as your employer?
I am not sure if police is involved yet, but they are investigating internally and my boss to hide his wrong doing is highlighting what he made me do.

Are you being investigated by the company for assisting a crime, ie aid and abetting?
Have not been investigated, just taken my statement as I myself disclosed how i got involved.

Have you been formally warned of an imminent disciplinary or been threatened with suspension from work?
The person taking the statement said I am in trouble.

What evidence do they have that you assisted a crime if that is what the allegation,
Dont know what evidence but I myself told them that I was being used

The problem you have with your employer is that by your actions criminal or otherwise you have breached their trust as an employer, notwithstanding the actions the police or prosecution can take against you.
BUT I was the one who called as a whistleblower in the first place, so how did I breach trust.


Please suggest what could happen and what should I do.

How much has the fraudster benefitted? Did you benefit? Why did you do it when you knew it was wrong? At the end of the day, you have potentially assisted a criminal benefit from fraud, which is a criminal offence. You may well have a defence if he coerced you in that your were under duress. From the employer's position, it does not make for a good employee who is vulnerable to assist a criminal as your employer alludes, so it is likely gross misconduct. Participating in crime whether you know it or not, to whistle-blow or not, is still likely a breach of trust against the employer by the employee, ie you.