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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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As an ex employee who is going through a tribunal case soon,

Resolved Question:

As an ex employee who is going through a tribunal case soon, I have evidence that I believe proves the company to wrongfully charge the authorities for services not provided therefore, gaining approx £80k by default. Am I protected by law if I present this information to the correct authorities before my employment tribunal?
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
The case is in scotland
Customer: replied 4 months ago.
Any news?
Customer: replied 4 months ago.
I originally was going to go down the whistleblowing route, as I would have been covered by law as an employee. Since I am no longer an employee that is no longer an option. Can I still be a whistle blower as an ex employee?
Expert:  F E Smith replied 4 months ago.

Why are you bringing the tribunal claim?

For whistleblowing?

Are you asking whether you can disclose this information to the authorities after you have ceased employment?

For what reason?

If you could explain your situation in detail that would be useful please.


Customer: replied 4 months ago.
Okay, I was dismissed unfairly for gross misconduct for something I did not do hence the tribunal which is almost upon us.
I was not allowed access to anything and therefore undertook my own investigation after I had been dismissed and after an appeal which failed.
Unfortunately for the company concerned, I was provided with concrete evidence that shows malpractice and I belief an invoice that clearly displays a receipt for services that had not been provided. It would appear that this had been going on for almost a year before my case, during my case and after my case.
I am not in the business to gain from what I know hence keen to get this information to the authorities before my tribunal, then I am clear and safe that it has nothing to do with the tribunal case and therefore has not been delivered as malice after or during the tribunal.
Customer: replied 4 months ago.
Therefore, since I am no longer an employee, I cannot really whistle blow as whistle blowing is usually to safeguard employees from employers.I wish to know how I stand as far as the law is concerned.
Customer: replied 4 months ago.
What has transpired is not good, it really has to be told to the authorities so that they can take appropriate action or carry out a though investigation. I just need to know if I take this information to the authorities on a belief and with evidence to support that belief that I am not leaving myself open to any come back. The information I wish to pass to the authorities is factual, did happen and continued to happen after my unfair dismissal, with evidence that clearly supports what is being said. I also have a belief that perhaps at the tribunal they may try and use this information against me to support their reasons for dismissal hence my keenness to get this out in the open before hand, if that makes sense.
Customer: replied 4 months ago.
What we are dealing with is a company who have had three attempts to justify the dismissal with three different aspects/ reasons, a case that is being driven by another manager to safeguard their own future and a company that broke almost every rule in the ACAS code hence the unfair dismissal. Despite all of the above, they now throw the
Polkey case in to the arena. Be under no illusion, who I am dealing with has been very underhanded, unprofessional and illegal. What evidence I now have has been provided after my own investigations, this evidence has even raised my eyebrows
Customer: replied 4 months ago.
much that I am keen to pass to the authorities before my tribunal so that no one gains from the evidence or material however, allows for authorities to question those that should be questioned.
Expert:  F E Smith replied 4 months ago.

Thank you. There is nothing to stop you reporting the actions of the employer. However what you can’t do is raise those in the tribunal because they’re not relevant. What you also can’t do is say to the employer that provided they agree that you were unfairly dismissed, you want report this. That’s blackmail.

Even if you sign some kind of confidentiality agreement, it does not apply in respect of anything which is illegal so you do have to make sure that what you are saying is absolutely 100% correct. I get the impression that you think you’re correct but not sure because you say that you believe it proves the company wrongfully charged rather than I have absolute proof that the company wrongly charged.

The other issue is that if what you are alleging is not 100% correct, any comments you make may be defamatory. So, whilst there is no problem in referring this to the appropriate party, the potential problem for you is the accuracy of what you are reporting. No one can ever be criticised for reporting to a competent authority an illegal act or what they reasonably think is an illegal act.

Customer: replied 4 months ago.
The employer does not know that we have the evidence that we have, we can 100% prove in three different areas (and consistently for over a year) that the employer has systematically charged for services that have not been carried out. We have no intention of letting the employer know that we have this information hence we want to pass it on before the tribunal so that a) blackmail can not be considered or used b) the employer cannot manipulate (as it has done so far) events to its advantage and c) we have no intention of getting involved in any confidentiality agreements. I have been straight and stayed within the parameters of the law and intend to continue on this plane, under no circumstances do I wish to benefit from the data/information that has been passed to me (from a client) hence the need to pass it on to the authorities. It is my belief that if I pass this information on to the correct authorities (by law) I should be covered. The information I have is in plain black and white documents that show malpractice has occurred before my case, during my case and after my case. In essence what I was unfairly dismissed for (I did not do it, there is no evidence that I did it), the company has been carrying out the exact same thing for more than a year. This is totally unjust and hence my objective to make sure they are answerable to the authorities for the illegal activities they have been carrying out. All that I have indicated so far has been put in such a fashion so that I am not discussing my case openly as that I cannot not do as the tribunal is soon upon us. The information I have I have no wish to use at the tribunal however, expect the company to be investigated for malpractice. I hope what I have said makes sense. If I lost the case and then tried to use the information I have would be morally wrong and malice, would much sooner have it out in the open so that it cannot be used as part of my case by either side. I have nothing to lose, the other side has plenty. What are your thoughts?
Expert:  F E Smith replied 4 months ago.

Just let me clarify, the company malpractice and your own dismissal are completely unrelated. Is that it?

If you are working on the eye for an eye and a tooth for a tooth basis and that you are aggrieved that they are lying about the circumstances of your dismissal and also lying about the circumstances surrounding the overcharging, and with no gain for you, you just want to drop them in it, then I can’t see any problem with that.

It’s completely unrelated from your tribunal claim and you haven’t demanded anything, you are simply doing your duty as a citizen.

Can I clarify anything else for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


Customer: replied 4 months ago.
Completely unrelated, open to debate!
They have dismissed me for doing something as a manager, that I did not do and have absolutely no evidence or substance to substantiate that anyone did it, it was a witch hunt and as one would say happened on my watch.
What I have uncovered, in my own investigation out with the company is that they have under handily been caring out exactly what they have wrongfully accused me of for quite some time whilst benefiting financially illegally.
Do I feel aggrieved, I guess I do hence want it out in the open before my tribunal so that they have to answer to the authorities so that no one can accuse me of blackmail, profiteering or any other benefit, I wish to stay on the correct side of the law. Could it be part of my tribunal? Only if they bring it up however, by that time I hope to have released it into the public domain through the correct channels. Does this help?
Expert:  F E Smith replied 4 months ago.

There is a possibility that you could use this to your advantage in the tribunal without it appearing to be blackmail.

You have been dismissed because you happen to have been in the wrong place at the wrong time and have been dismissed allegedly for gross misconduct. However if that conduct is common practice with the employer and all you were doing is what everyone else in the company does and they do with the knowledge and support of the employer, then it’s not gross misconduct.

If therefore you’re going to use this evidence as part of your tribunal claim, you have to exchange documents with the defendant because you can’t simply produce documents to support your claim, on the day in court.

Without actually demanding anything therefore you could produce these documents to them and say that these documents support the fact that what you have been dismissed for is actually condoned by the company and hence is not gross misconduct. When they see what you’ve got, they may be more willing to settle. It does mean that they may never get taken to task over it however.

There would be nothing to stop you producing that documentation to the competent authorities after the tribunal unless you sign some kind of confidentiality agreement as part of any settlement, if they decided to Grease your palm.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Very interesting!
The person who condoned, actioned the malpractice is the top of the tree.
The same person who signed off the appeal, the same person who brushed under the carpet the chair (different board member) of the disciplinary who I might add, heard his own grievance and upheld his own grievance and, was part of the investigation against me whilst I was on holiday, and had the investigation signed and sealed and provided to other outside agencies before any discussion with me. The case is part of and comes under the banner of the care industry.
Like I indicated earlier, they have tried three different routes against me, changing each route as I provided a suitable response in my defence. Hence the Polkey being the last throw of the dice for them. The gross misconduct has made me unemployable hence I expect them to face up to their own illegal practices. We are talking about a person who has ruined my career therefore, I have the evidence to ruin theirs. My position is I have nothing to lose, they have plenty. They could have been more diplomatic and a little more humane. I built their business from a small struggling company into a more professional company with million pound turn over. That was my job and I got paid for it so very happy. What I am not happy with is being wrongfully accused of something I did not do, so I want accountability and not profit.

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