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: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

i am on disciplinary hearing about i openly discussed at medication

Resolved Question:

i am on disciplinary hearing about i openly discussed at medication training that i believe there are bad practice at my work manager and staff are aware of these practices but choose not to address them. I work with the council,my client have L D,client were bring the medication wrap in cling film with no name,no dose.we staff had no training and no policy.Due to me speaking up,the policy came out, the clients started bring medication in the correct way.I am happy i safe guard my clients but council want to sack me.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

18yrs in the council the place closed i was replaced day centre 5yrs still council job

Customer:

Hi Ben i await a response,

Customer:

im not sure how to access the info that you have posted to me.

Ben Jones :

Hello sorry I was offline by the time you had replied. You may have certain protection under the protected disclosure regulations, which basically protect whistleblowers from dismissal or detrimental treatment. To be protected you must be able to show that you had made a protected disclosure and that you are now being treated detrimentally as a result.

Some general information on protected disclosures can be found here and you can see whether your actions can amount to that:

http://www.acas.org.uk/index.aspx?articleid=1919

If you made a protected disclosure and as a result you are now facing the sack then the dismissal could be automatically unfair and you could also consider pursuing the employer for compensation for detrimental treatment. You can raise the defence of whistleblowing in any disciplinary hearing you are facing, if this still results in your dismissal then you can appeal with the employer first and then consider the unfair dismissal claim as mentioned, which needs to be made in the employment tribunal within 3 months of dismissal.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

thank you for your feed back.

Customer:

i personally dont think it will come to getting the sack. but i guess to keep their face they may give me a written warning. do you think this is unfair and what do you advise i do?

Customer:

can they add previous informal warning in july 2014

Ben Jones :

Hi, issuing a warning of any kind for making a protected disclosure is still going to amount to detrimental treatment which is unlawful so assuming you meet the criteria for having made a formal protected disclosure then they should not even issue a warning.

As to adding previous warnings, they could potentially add a previous warning if it is still considered ‘live’. For example an employer could issue a warning and state it remains on file for a specific period of time, say a year, so if you get any further warnings within that period then they can all be considered together.

Hope this answers your follow up queries?

Ben Jones and other Law Specialists are ready to help you