Ask a Law Question, Get an Answer ASAP!
18yrs in the council the place closed i was replaced day centre 5yrs still council job
Hi Ben i await a response,
im not sure how to access the info that you have posted to me.
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:
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
thank you for your feed back.
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?
can they add previous informal warning in july 2014
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?