Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Hi due to the complexity of this I may not have the time to look at it in detail until the weekend hope that's ok and also what specific queries do you have about this so I can direct my response better?
Thanks for your patience. If you have blown the whistle (i.e. made a protected disclosure), you have the right not to be subjected to detrimental treatment as a result. If you were unfairly disciplined as a result of the disclosure you made, then that could certainly amount to such detriment. Your options on taking this further are as follows:
· Raise a formal internal grievance as a first step
· A worker may bring a claim in the employment tribunal if they are subjected to any detriment by any act, or any deliberate failure to act, by their employer on the ground that they have made a protected disclosure. This is only available if you are still employed by them
· If you believe that as a result of all this you cannot continue working there and are forced to resign, you can make a claim for constructive dismissal
· If you are dismissed as a result of this then the option to claim unfair dismissal exists
There are strict time limits to adhere to and in the case of a detriment claim it must be made within 3 months of the date of the detriment, i.e. the disciplinary decision. If you were to claim constructive or unfair dismissal it must be within 3 months of the termination of your employment. So these are the only options you have in the circumstances. Before you are allowed to make a claim you must go through ACAS and use their conciliation service and that can help with reaching a settlement rather than having to go through tribunal.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, depending on which option you choose, 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
Thank you, ***** ***** think you will go down the claim for detriment whilst still employed there or wait to be dismissed, or resign and claim constructive dismissal?
Ok so to bring a claim you must go through ACAS conciliation. You cannot issue ET1 until the conciliation process has finished and you have been issued with a reference number from ACAS.
The conciliation procedure and the form to fill in can be found here:
It should not affect an appeal in any way and to be honest you are not legally required to go through one. If the notification of the warning was issued on 6 May then it is the 5th August that he deadline to claim runs out on. As to the other claim you mentioned that would be very difficult to pursue, I suggest you stick to the initial issues discussed