Whistleblowing

[Pennington4472]

Hello
I wonder if someone can advise please.

I've been dismissed from work with immediate effect due to what my boss has said is gross misconduct. I worked there for 19 months so I know he can dismiss me immediately.

However I am now wanting to whistleblow on the company due to a number of serious issues that were taking place in the office.
I never mentioned anything whilst I was employed to my boss but I feel now that the way I was treated I do not want to let my boss continue in this way.

If I seek independent advice without going into full details at this early stage am I breaking any rules? My boss told me in my dismissal letter that I wasn't to disclose any company knowledge or information to any other person, firm or company. I think he was concerned that I would "open my mouth" and spill the beans on how he operates his business.

I just want to make sure that if I do seek advise this isn't breaking any rules .

Thank you

[Openlaw15]

Re: Whistleblowing

Hello
I wonder if someone can advise please.

I've been dismissed from work with immediate effect due to what my boss has said is gross misconduct. I worked there for 19 months so I know he can dismiss me immediately.

However I am now wanting to whistleblow on the company due to a number of serious issues that were taking place in the office.
I never mentioned anything whilst I was employed to my boss but I feel now that the way I was treated I do not want to let my boss continue in this way.

If I seek independent advice without going into full details at this early stage am I breaking any rules? My boss told me in my dismissal letter that I wasn't to disclose any company knowledge or information to any other person, firm or company. I think he was concerned that I would "open my mouth" and spill the beans on how he operates his business.

I just want to make sure that if I do seek advise this isn't breaking any rules .

Thank you

Unless it is against the Official Secrets Act, I believe whistle-blower law protects you. Can you divulge in general why your boss believes you committed acts or omissions of gross misconduct? You employer cannot control you - he has terminated your employment. In fact, his conduct unless it's justified is very unreasonable...

[Pennington4472]

Re: Whistleblowing

Unless it is against the Official Secrets Act, I believe whistle-blower law protects you. Can you divulge in general why your boss believes you committed acts or omissions of gross misconduct? You employer cannot control you - he has terminated your employment. In fact, his conduct unless it's justified is very unreasonable...

My boss believes I misused acts of kindness ( he said I received a gift from a client and it should have been the companies gift not mine) baring in mind I had no letter of investigation, I was not allowed to have my say or collect any evidence.
I was in work , got called into the office and handed a letter to say I was suspended with immediate effect whilst he investigated and then 2 days later received a letter to say I was dismissed with immediate effect due to his rational thought process of me and gross misconduct.

[ostell]

Re: Whistleblowing

Withstanding the other problems did you get paid in lieu of notice and for holiday pay earned?

[Pennington4472]

Re: Whistleblowing

Withstanding the other problems did you get paid in lieu of notice and for holiday pay earned?

They paid me for the week I was in work and then up until the point I received my letter saying I was dismissed.
I didn't receive any outstanding holiday pay

[Pennington4472]

Re: Whistleblowing

I wrote a letter to my boss following my letter of dismissal and I explained how I felt he operated his business and how the company were disceiving clients.
I explained how I never felt comfortable doing the underhanded things we did as a company and because of what I felt was some serious issues happening in the office I was going to seek independent advise about whistleblowing and took the opportunity in the letter to outline my reasons why.

My boss as of yet has not responded. I'm not sure if he's planning his next move or if he's brushed it all under the carpet and pretending I don't exist.
I think it's more him plotting his next move. I just would like to be one step ahead so I don't receive any nasty surprises through the post .

Thank you all in advance

[Openlaw15]

Re: Whistleblowing

Hello
I wonder if someone can advise please.

I've been dismissed from work with immediate effect due to what my boss has said is gross misconduct. I worked there for 19 months so I know he can dismiss me immediately.

However I am now wanting to whistleblow on the company due to a number of serious issues that were taking place in the office.
I never mentioned anything whilst I was employed to my boss but I feel now that the way I was treated I do not want to let my boss continue in this way.

If I seek independent advice without going into full details at this early stage am I breaking any rules? My boss told me in my dismissal letter that I wasn't to disclose any company knowledge or information to any other person, firm or company. I think he was concerned that I would "open my mouth" and spill the beans on how he operates his business.

I just want to make sure that if I do seek advise this isn't breaking any rules .

Thank you

You were entitled to be told in writing: the nature of your gross misconduct/ disciplinary hearing, then an opportunity to have a disciplinary hearing and to be accompanied by a solicitor/ lawyer/ union official/ other work colleague. This is clearly a breach of procedure and you have grounds to take your employer to tribunal or court for wrongful dismissal.

[Pennington4472]

Re: Whistleblowing

You were entitled to be told in writing: the nature of your gross misconduct/ disciplinary hearing, then an opportunity to have a disciplinary hearing and to be accompanied by a solicitor/ lawyer/ union official/ other work colleague. This is clearly a breach of procedure and you have grounds to take your employer to tribunal or court for wrongful dismissal.

Thank you very much.
Is this the same if I've been employed by the company for only 18 months? I know laws are slightly different if you've not worked for a company for 2 years or more.

[Openlaw15]

Re: Whistleblowing

Thank you very much.
Is this the same if I've been employed by the company for only 18 months? I know laws are slightly different if you've not worked for a company for 2 years or more.

Since 2012 it's 2 years work but for wrongful dismissal - unfair dismissal, ie discrimination etc, I believe the 2 year rule does not apply. What procedure does your company have for disciplinary - as this is a contractual aspect.

[Pennington4472]

Re: Whistleblowing

Since 2012 it's 2 years work but for wrongful dismissal - unfair dismissal, ie discrimination etc, I believe the 2 year rule does not apply. What procedure does your company have for disciplinary - as this is a contractual aspect.

It's such a bizarre one as the company is run and owned by the manager. It's his own company, he on many occasions has said the rule book goes out the window where he's concerned.
There's no real procedures in please or at least from what I've seen.
Within the last year I've seen 4 people "leave" unexpectedly from the company and when I say unexpectedly they their one day and the next they gone.
My boss prefers to get rid of people who cause a scene to speak in the office and are quite upfront and willing to answer back.
It's a case of if your face doesn't fit any longer in the company he'll get rid of you, ideally as quickly as possible without any true reflection in my eyes of how it should be done.
I now want to fight my case and say he can't get away with just getting rid of people because he's got tired of them or because they stand up for themselves to the boss which is what I had started to do also.

[Openlaw15]

Re: Whistleblowing

It's such a bizarre one as the company is run and owned by the manager. It's his own company, he on many occasions has said the rule book goes out the window where he's concerned.
There's no real procedures in please or at least from what I've seen.
Within the last year I've seen 4 people "leave" unexpectedly from the company and when I say unexpectedly they their one day and the next they gone.
My boss prefers to get rid of people who cause a scene to speak in the office and are quite upfront and willing to answer back.
It's a case of if your face doesn't fit any longer in the company he'll get rid of you, ideally as quickly as possible without any true reflection in my eyes of how it should be done.
I now want to fight my case and say he can't get away with just getting rid of people because he's got tired of them or because they stand up for themselves to the boss which is what I had started to do also.

If there is no clear procedure for disciplinaries then you simply cannot be dismissed, it's likely unfair dismissal but could be wrongful dismissal, too. In a 2010 case an employer dismissed an employee who'd been drinking alcohol whilst at work, on his dinner break. He won his tribunal as there was no clear policy on alcohol: Liberty Living plc v Reid (2010). So, there should be a clear policy on what is theft and what's not theft, what's a gift and what's company property. If the gift was part of company property it should say that in the company's procedure if not, you can win a tribunal on this technicality: Liberty (2010).

[Pennington4472]

Re: Whistleblowing

If there is no clear procedure for disciplinaries then you simply cannot be dismissed, it's likely unfair dismissal but could be wrongful dismissal, too. In a 2010 case an employer dismissed an employee who'd been drinking alcohol whilst at work, on his dinner break. He won his tribunal as there was no clear policy on alcohol: Liberty Living plc v Reid (2010). So, there should be a clear policy on what is theft and what's not theft, what's a gift and what's company property. If the gift was part of company property it should say that in the company's procedure if not, you can win a tribunal on this technicality: Liberty (2010).

you have been incredibly helpful.
I will await the a response from my boss which I do expect following my letter and let's see what happens but what you've provided me as been most helpful and has settled some of my nerves over that I was worried my boss was going to be a complete @rse an attempt to take me to court over this

[Openlaw15]

Re: Whistleblowing

you have been incredibly helpful.
I will await the a response from my boss which I do expect following my letter and let's see what happens but what you've provided me as been most helpful and has settled some of my nerves over that I was worried my boss was going to be a complete @rse an attempt to take me to court over this

If he attempts to take you to court you have a counter claim for either breach of contract, and or human rights: 1) degrading treatment and, 2) being deprived of a right to a fair hearing. The tribunal is technically a public authority so it must protect your human rights (indirectly protect your rights, vertical effect if we're using legal terms). Besides these legal protections, under the civil procedure in the law courts, the parties must reflect the fair nature of the courts (ie Civil Procedure Rules 'over-riding objective').

As a useful side note, there was a recent case in the highest court that effectively states you can sue a party for damages if they maliciously take proceedings against you, previously it only applied to criminal proceedings. So, you have plenty of protection against this unreasonable boss who clearly is abusing the legal system and is not interested in your employee rights. If you're female or have a disability, it's possibly direct discrimination or indirect discrimination claim too. It could also be victimisation, ie suffering a detriment. If he has any sense he'll think twice about taking you to court.

[charitynjw]

Re: Whistleblowing

[MENTION=88976]Pennington4472[/MENTION]

Make absolutely clear that the protected disclosure is/was made in good faith, & not because of any ulterior motive.
As you have been dismissed, I guess that the employer might accuse you of being malicious.