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: Law
Satisfied Customers: 44911
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I made a protected disclosure and was terminated for it.

Customer Question

I made a protected disclosure and was terminated for it. I reported to the corporate compliance officer that my manager was putting such demands on his workers that they would work off hours and not record it, and would not be paid for it. I know this is happening, but I'm not willing to name other people. Is it illegal for an employer to demand the impossible (i.e. that this must be done in X number of hours)? I'm involved in an Employment Tribunal. If I am able to persuade other employees to come forward, does this put it more in the realm of a disclosue in the 'public interest'
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long you were with your employer please
Customer: replied 2 years ago.

I was employed for 3 months. But as you know length of employment does not apply to whistleblowing cases. And my ET has been accepted.

Expert:  Ben Jones replied 2 years ago.

Can you please clarify on what grounds do you believe the protected disclosure was made. The accepted grounds are here: https://www.gov.uk/whistleblowing/overview

Customer: replied 2 years ago.

Systematic underreporting of hours worked translates directly into underreporting of taxes due to the HMRC, and this is reportable to the HMRC, and therefore a disclosure in the public interest.

Expert:  Ben Jones replied 2 years ago.
Ok thank you. Employers need to act reasonably when they are making requests of their employees, such as when setting targets, making requests for work to be completed and so on. However, this is not linked to the protected disclosure and would be a matter of reasonableness and something that could amount to a breach of trust and confidence, which is a separate issue that the affected employees can pursue, for example under a constructive dismissal claim. However, it is not a reason to try and claim that you have made a protected disclosure. That is not really an issue because you have other reasons to argue that a protected disclosure had been made.

In terms of the public interest requirement to make a claim for whistleblowing, the law does not actually stipulate what one needs to show to meet the requirement of making a disclosure in the public interest. Since this requirement was only introduced last year, there is little case law to rely on in order to show what examples fall within the realm of being in the public interest and this is still very much a test area in law. What is required of you is to show that you had a reasonable belief that the disclosure you were making was in the public interest, rather than for you having to show it definitely was made in the public interest.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello Sean, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice