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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50204
Experience:  Qualified Employment Solicitor
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Can you claim in the schedule of loss for the stigma and

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Can you claim in the schedule of loss for the stigma and reputation damages even if you are still working for the employer and how much?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you provide some background information on the situation in question? Thank you

Customer: replied 1 year ago.
Because I blow the whistle on serious failings by the management. the wrongdoers asked for the urgent meeting including the HR personnel where they insulted my work. After the meeting the HR person fabricated the witness statement that I was nasty and rude towards the wrongdoers and refused to comply with management instructions. They sent me letter fro the disciplinarily hearing stating if the witness statement is true that they will terminate my contract with immediate effect. I have no defence. Employer intention is to conduct Disciplinary hearing is to terminate my contract with the negative reference which will jeopardise my future carrier progression and to destroy the opportunity for me to pursue same or the similar positions in the specialised niche market where the individual’s past conducts are closely scrutinised in order to be able to obtain or hold the approved regulatory function. This is all because I blow the whistle. So I want to claim for stigma damage

Please can you tell me how long ago you blew the whistle and the nature of this complaint? I will also need to know how long you have worked there for? Thank you

Customer: replied 1 year ago.
i work there for more than 1yr. Since June 2015. I blow the whistle in February 16 and in April. I was being retaliated by the senior management soon after. The wrongdoer is the company's Head of compliance and my superior. After I told his manger about his wrong actions they both got together and retaliate against me. They issued me with unsatisfactory performance stating a lots of people complained about my work. The wrongdoers tried to set me up for the mistakes they have done. They were constantly insulting my work and calling me name. I send my grievance to HR who did not want to properly investigate my grievance and she dismissed it as no case to answer. Due to retaliation I end up being sick from stress and anxiety and was off work for 6 weeks when I came back in May I have disclosed the wrongdoings to internal auditors. When the wrongdoers find out they called for un urgent meeting to discuss my reports. At the meeting they also wanted to have the HR there on their side. in the meeting they have insulted me . After the meeting I sent the email to the HR saying that I did not like their condescending behaviour. Two days later I received the disciplinarily letter from the HR stating that I will need to attend the hearing due to me being rude to the wrongdoers and refused to comply with the management instructions. The HR provided me with their version of their witness statement of the meeting stating that I was rude and etc. and if found this is true they will terminate my contract on the same day of the hearing. The following day I was signed off sick for 3 months due to stress and anxiety. I have submitted ET1 for the whistle blowing and now I was asked to submit the schedule of losses. Can I claim for the stigma damages whilst still working there ?

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. Whilst technically there is nothing stopping you from claiming for stigma damages when you are still employed by the employer, the whole point of making such a claim is that you are prevented from working in the same role or industry as a result of their treatment. As you are still employed and have not been unsuccessfully trying to get a new job as a result of such stigma, it would be rather difficult to justify why you should be awarded damages for stigma at this stage. Generally, you need to be able to show that there has been stigma against your name because of the detrimental treatment and it has caused you significant difficulties in getting a new job. That is why making such a claim now would likely be premature.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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