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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My employment contract with a private, for-profit school

Customer Question

My employment contract with a private, for-profit school contains a "good name clause." I have said that I intend to report my employer for certain practices which are non-standard in education, arguably immoral, and should likely result in the loss or alteration of the school's accreditation status. If I make such a report, and I cannot prove my allegations, am I "bringing my employer's good name into disrepute?" Further if I CAN prove such conduct, could my employer make the same claim since it will result in financial harm to his firm?
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 7 months ago.

Who will you report this to?

Customer: replied 7 months ago.
I will report this information to (a) the accreditation agency (b) college board, and possibly others. It regards ***** ***** practices to boost college acceptances.
Customer: replied 7 months ago.
Also, the school is not meeting some requirements of local national law.
Customer: replied 7 months ago.
For example: the school does not have enough teachers with credentials.
Customer: replied 7 months ago.
Still there? My reading is they're confusing moral misconduct with the actions of a whistle-blower, which are protected..
Expert:  Ben Jones replied 7 months ago.

Regardless of the good name clause in your contract, you are legally able to make certain reports because they could amount to a ‘protected disclosure’ (also known as whistleblowing) and you are legally protected if you make them. It means that if you can show that hat you are doing is making a protected disclosure, you are doing so under a legal right and this will take precedence over what is in your contract of employment. So your interpretation is correct in a sense that they may be offended by the reports you make and see them as a breach of the contractual obligation to keep a good name for the company, but if you are doing so under whistleblowers regulations then you will be applying a formal legal right to do this and statute will always take precedence over any contractual terms and obligations.

This is your basic legal position. I have more detailed advice for you in terms of the requirements you must meet for the disclosures to be protected, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
I would like to know what I have to do. You see, a lot of the information I have is in statements, and the school will scare its employees into denying them. However, I have kind of forseen this.
Customer: replied 7 months ago.
BTW: The irregularities I mention are pretty much aimed at getting into UK universities.
Expert:  Ben Jones replied 7 months ago.

Thank you. For a disclosure to be protected under law it must meet the following requirements:

· There must be a disclosure of information

· In the reasonable belief of the person making it, it tends to show that one or more of the six specified types of malpractice has taken place, is taking place or is likely to take place:

o Criminal offences

o Breach of any legal obligation

o Miscarriages of justice

o Danger to the health and safety of any individual

o Damage to the environment

o The deliberate concealing of information about any of the above

· The worker must believe that the disclosure is in the public interest

· The disclosure must be made to the employer or prescribed persons – for who the prescribed persons are I have attached a detailed document outlining these in relation to each type of disclosure one can make

Customer: replied 7 months ago.
That's really helpful, and I'll read that, but I need a bit more guidance still. If a local school consistently follows local norms and practices, but pretends to international accreditating agencies to adhere to another more stringent set of norms, is that considered a fraud or fraudulent. For example, if a school allows students to miss 40 days of class and gives credit.
Expert:  Ben Jones replied 7 months ago.

Fraud would be where there is some financial gain to them, so if they are charging for the extra time but not actually giving it. But this could be a breach of a legal obligation, the issue is that I cannot advise you what has been breached because this would be industry-specific - as you can imagine there are countless possible breaches in every sector and one person will not know them all so you will have to get more specialist advise on your particular industry to find out if there is actually a breach of any legal obligation

Customer: replied 7 months ago.
g is innelling Okay. They use university placements in the advertsements to sell tuitions, but that's enough. I think "m on sound legal grounder.
Expert:  Ben Jones replied 7 months ago.

ok as long as you know that I can tell you about the criteria of making a protected disclosure but cannot tell you with certainty that the disclosure you are making will be a qualifying one.

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