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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50212
Experience:  Qualified Solicitor
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I made a protected disclosure about my employer to my trade

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I made a protected disclosure about my employer to my trade union regarding phone hacking in 2012 and 2013. This was then passed to my employer in late 2013 and further information provided in May 2014. I then suffered harassment by the union and the company. In April 2015 after months of depression I finally resigned and have made a claim for constructive dismissal. During this period a formal grievance was ongoing regarding this behaviour. The Respondent has now asked the court to throw out the protected disclosure claim on the basis that the detriment cited was in May 14 and is therefore out of time. They have also asked that a trade union detriment claim be thrown out as out of time as I cited the launch of a disciplinary in April 2014 as evidence. This was never investigated but was still technically waiting to start when I resigned. As both events link directly to why I finally resigned and claimed constructive dismissal, can I argue that they are within time?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When do you believe was the last detrimental treatment you were subjected to?
Customer: replied 2 years ago.

The day before I resigned I received the outcome of a Grievance appeal that as I claimed harassment from and organised by trade union representatives this was not an issue for my employer. I believe that was detrimental treatment and had been ongoing for almost a year but the respondent is saying the last detriment I cited was May the previous year.

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. You may not necessarily be able to claim that this was an ongoing detrimental treatment, although that should not necessarily prevent you from continuing with the constructive dismissal claim. The fact that a grievance appeal was decided not in your favour does not mean that it is continuous detrimental treatment from the past. It could be but it does not automatically follow. There is some useful case law in this respect which shows that rejection of a grievance can amount to a detriment:
So you would need to show that this grievance was linked to the original detrimental treatment and that the employer’s rejection was a continuing act. There is no specific way to do that to be honest and it is a matter of fact and interpretation by the tribunal. The Respondent has asked for this part to be struck out but you will have to counter-argue and raise the above case law in your defence and it will be down to the tribunal to decide if this should be the case or not.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 2 years ago.

Hi Ben

Your response partially answered my query but I've read the link you posted and didn't see how it was relevant. I may have missed something but it seems to be the opposite of what I need as it says "time begins to run against a detriment claimant under both the ERA and the EqA whether or not the claimant is aware that a detriment has been suffered".

Hello, I was trying to show that the time limit can start from the date the grievance decision was made, by linking to that case which also concerned a rejected grievance by the employer. So you would be arguing that the time limit starts from the date the grievance was rejected. Hope this clarifies things?
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