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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have as result of Whistle blowing on my current employer

Customer Question

I have as result of Whistle blowing on my current employer XXXXXX been disciplined and given a final written warning. I am still to have my appeal against this disciplinary.
I have also been dismissed as a union Steward and no reason given.
I have been involved in a Collective Grievance originally submitted by 6 female employees who were discriminated because of a series of changes in their terms and conditions , which has ran for 2 years. ( final meeting in April 2016 with XXXXXX HR and a series of outcomes promised - but are still to happen )
I was called in June 2016 to offer a statement and attend as a witness against my Employer in a related sex discrimination case brought by a non union colleague . I was threatened by my employer a Mr XXXXX HR Director who told X Union that should I testify at the ET he would have me sacked.
I signed on the sick (first time in 23 years for Stress as the threat was real) I contacted the claimant supplying her with a sick note and a statement from me explaining that I had been threatened by my employer and thus I could not attend so that I would not be in contempt of the ET. My witness statement was not pulled in time.
My Union branch secretary supplied a false document for my employer to use along with my non attendance the claimant lost her ET claim (30k worth) .
I have for wanting to tell the truth on all the matters above have suffered overt and covert detriment. My nerves are shattered . I have never ever experienced a collusive pincher movement of intimidation and harassment by an employer and a Union who is suppose to support me , never.
1. Issue 1
Outstanding appeal for Whistle blowing by a Bullying Manager - I was found guilty of bringing organisation in to disrepute.
• Investigating Officer breached Data protection during my investigation
• first letter from EMPLOYER - cites Union activity as Steward but does not outline possibility of dismissal, second letter sent as a result.
• Witnesses not allowed to be called
• After 1st postponement and deadline for supporting documents closed My employer added another 5 after seeing my appendices bundle submitted within time.
• Union support none existent , never showed for hearing, Office had no clue as to where he was of on sick for the whole week leading to my hearing. No voice message received or out of office email replies.
• Union lost original Case form
• Union more concerned that I should resign as Steward
• Union - falsified letter for Sex Discrimination ET - did not listen to me or observe members instructions as minuted in meeting.
• Array of JNCG , other documents evidencing collective grievance by members not over as Unison portrayed.
2. Issue 2
Union officials I can no longer trust to conduct Appeal.
• Lodging a formal complaint relating to breach by officials of Union Rule Book
• Poor Support for my case
• Non attendance at my hearing
• Poor support for 6 Female employees ref sex direction and Union members (2yrs)
• Failure to declare an interest Union Official & my employer Hr Director (separate case)
• False document for my employer to use in ET (wins Case for my employer)
• Threat against me via Union if I testified in ET case
• Failure of Union to raise formal complaint relating to original Whistle blowing case to protect witness Union member who is still managed by the Bullying manager.
• Failure to lodge official complaint against investigation officer on my disciplinary - Union member approached me, officer uploaded confidential staff folders on to T drive which were read by staff.
• Advised not to supply my defence statements so that disciplinary hearing minutes can be completed as HR id not complete during hearing
3. Issue 3
Work related stress as a result of day to day , previous Union related workloads - threat of dismissal and ongoing intimidation and hostile work environment.
• I raised the requirement Dec 2015 JNCG for my employer to have a Stress Policy, Stress Team/Service risk assessments and individual Stress risk assessments, ignored (documented) tried during a line management session unsuccessful as requires specialised input.
• Union branch - no Stress Policy or risk assessments for volunteer Stewards or training.
• 7 weeks in total - stress.
• Union knew that if the non Union member won her sex discrimination case (the issues were the same for our 6 Union members through the collective grievance) that they would be challenged through a collective complaint . union told our members in dispute that no further advice would be sought from the case units initial letter advising on the collective grievances that they rose and that that was it.
Any suggestions around the deteriment because of whistle blowing ? that include statues/legal action that isn't reliant on been dismissed first ie ET claim and same for Union issue. I have never ever been in a situation "pincher movement " by employer and my Union. Thanks D M
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 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 3 months ago.

How long have you worked there?

Customer: replied 3 months ago.
11 years
Expert:  Ben Jones replied 3 months ago.

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.

Customer: replied 3 months ago.
Some more ref thoughts issues that I couldn't fit on original
4. Issue 4
Original disciplinary for attempting to Whistle blow or a serial bullying manager based at the Oval Centre• Unfair investigation
• Original disciplinary charge letter did not indicate ultimate sanction ie dismissal
• Original letter made reference to my role as Union Steward, subsequently and second letter issued and union Steward role removed
• investigating officer -breached data protection
• not proportionate and reasonable sanction
• no other social media incidents officially dealt with , no record on personal file , and unfairly added into investigation half way additional paperwork submitted after deadline
• no qualitative, quantitative of objective evidenced produced by impact to substantiate or prove detriment to organisation as a result of reposting video
• no independent investigation held -whistle blowing and protected disclosure
• still no training on social media offered to reduce risk to employee company
• no dismiss disease letter, legal to Joe and face book to remove video posting
• content of video is supported by my evidences 3 resignations 4 witness statements and historic bullying at ifs furniture project were manager worked before - this is why they won't try legally to have it removed.
• refusal of 2 key witnesses (board members, friendly)
• Misconduct not classified as Gross misconduct
• warning was: given in bad faith, or for an oblique or improper motive; -manifestly inappropriate.
• the level of investigation by the Tribunal had been inadequate two board members not interviewed
• discrepancy between the illustrative sanctions for different types of misconduct contained in a staff handbook,
• how other employees have been treated in similar cases
• rules of natural justice
• following a fair disciplinary procedure - from first written warning to dismissal
• The principles of natural justice enshrined in the ACAS Code of Conduct are as relevant to dismissals as they are to written warnings - not followed
• employees trying to defend current disciplinary allegations by trying to unpick earlier management disagreements .i.e. Yammer etc used as official warnings , not on personnel file or made aware that these were warnings so I could challenge via appeal or grievances,
• by imposing spurious reprimands in the run-up to it
• it is designed to cover up someone else’s misconduct or poor performance;
• it is imposed specifically to make it easier to dismiss the employee at a later date;
• Adding in additional appendices after deadline expired to generate unofficial trail of breaches in order to buff up to a final written warning
• Use of an employee witness statement - that she had never seen, signed, agreed to or knew was going to be used against me? even thought at hearing I presented a statement from her instructing Impact to remove it from the case/hearing. Refused
• As an individual employee and Union Rep I ‘reasonably believed’ all of the facts that I made in the disclosure about the institutional bullying by a manager against staff including union members. The bullying resulted in 3 staff resigning , 4 witnesses statements against the manager - very specific acts, recorded, one staff member who resigned was openly gay and was in particular singled out - his grievance and appeal were not upheld. My disciplinary hearing chair was the Service Director for the service were this bullying had been going on under her watch. (I presented all the supporting statements, investigation notes etc of the bullying at my hearing) initially they weren't going to allow me to use them , but they ignored them as what I was whistle blowing on is and was true.
• Impact having by passed say a verbal or even if warranted through a fair hearing a first written warning will now execute dismissal for the smallest misdemeanour , and that's their plan and how they work.
• the final written warning has not been validly issued, it is unreasonable to take account of 5 appendices added into hearing bundle after the deadline (once they saw my supporting appendices), and to manufacture that these were or constitute pre warnings when they weren't - and if they had been at the time I wasn't informed, allowed to challenge via a grievance and nothing was recorded on my personal file.
Customer: replied 3 months ago.
Thanks take care
Expert:  Ben Jones replied 3 months ago.

No problem at all.

Expert:  Ben Jones replied 3 months ago.

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?

Customer: replied 3 months ago.
No problem time wise just when you can
Are there any legal remedies that can be applied relating to my whistleblowing were the company issued me with a final written warning , I whistle blew in good faith but have been done , an appeal is pending but like the disciplinary no one ever wins so I have no faith. There were multiple breaches in the acas guidance and my own companies disciplinary policy as per norm . Regarding the union I am drafting a formal complaint referring to breaches in Unisons code book and the level of service expected from paid officials , the union supplied a false document that won my employer a sex discrimination case and I was intimidated as not to attend this et by the HR director of my company . Issue 4 that I sent sort of lists the key concerns relating to the issues I have raised. I am in fear for my job, feel initimdated by both my employer and even the union who have behaved really bad .
Expert:  Ben Jones replied 3 months ago.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44365
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 months ago.

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?

Customer: replied 3 months ago.
Interested in detriment claim Acas via ET for whistle blowing case were I have been issued with a final written warning. My appeal is postponed given that I have secured a second sick note . Worryingly in a letter and email from the HR manager on the 16 th of July they have informed me that their employment solicitor will attend to advise the chair of the appeal and take notes. This alarms me even more . If I lodge an Acas conciliation request , and lodge the ET 1 as a back up , how would this affect an appeal , if I am not able to complete , one because of the stress and now added stress that my employer is bringing in their solicitor for my appeal when it does happen? The date of notification of the sanction final written warning is the 6 th of May , so I am assuming I have only to the 6 th of August to submit the Acas request and ET 1. The other is would or could I do the exact same for the Employment Tribunal case were I was threatened by the HR director that should I attend and testify against My employer that he would sack me . This was the trigger for signing on the sick 1st time in 23 years for work related stress , I wrote a statement as to what the union official told me , this was submitted to the ET judge so that he and the panel knew it was a real threat and that I wouldn't be in contempt of court. My witness statement for this ET was not pulled in time . The claimant lost her case as a result of my no show and a forged, false letter from my union in support of my employer approx 30k claim gone. Could I do the same , but separately or add both together ? Sincere thanks Damien
Expert:  Ben Jones replied 3 months ago.

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

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