How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47415
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was being retaliated due to public disclosure. The HR did

Resolved Question:

I was being retaliated due to public disclosure. The HR did not upheld my grievance as the perpetrators denied allegations. The HR refused to provided me with a work adjustment and refused to move me away from the attackers. they also did not upheld my grievance as the perpetrators denied the allegations. Has company breached the law?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: like what?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Was there any evidence of what retaliations you were facing? Also how long have you worked there for?

Customer: replied 11 months ago.
I worked there for almost 1 and half. I have evidence.I was subjected to retaliation due to public disclosure. The HR denied that my disclosure was public and refused to provide me with protection. My grievance was not upheld as the wrongdoers denied retaliation. I was off sick for 6 weeks due to stress and anxiety. When I came back the HR refused tomove me away from the attackers and told me that I will need to find the way to work with them and it is my job to rebuild their trust. The HR have very close friendship with wrongdoers and were part of cover-ups and for that reason they have not been disciplined for their actions nor I have been giving the opportunity to be place somewhere else. When I came back from my sickness the wrongdoers and HR came up with the meeting that did not have any purpose but to humiliated me and criticised my work. After the meeting I received the disciplinary letter stating that I was rude to the wrongdoers and HR had witnessed that and if found guilty my job will be terminated immediately. The HR also told Occupational Health that I was at home due to performance issue and personal conflict which is not true.The question is have the company breached the employment laws and which ones?
Expert:  Ben Jones replied 11 months ago.

The company may have breached laws in terms of trust and confidence and duty of care, but then again it does depend on what evidence and information they had and if they genuinely believed that what you wanted was necessary.

A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress and bullying at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.

Another thing may be if you did indeed make a protected disclosure and the employer’s actions were in their own way a retaliation for this, then it may amount to detrimental treatment for making a protected disclosure which is also unlawful.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Related Employment Law Questions