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MatthewM1117
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Category: Law
Satisfied Customers: 1406
Experience:  Expert
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Is there possibility to dismiss person for telling others

Customer Question

Is there possibility to dismiss person for telling others that they are breaking health and safety rules?
Submitted: 14 days ago.
Category: Law
Expert:  MatthewM1117 replied 14 days ago.
Good afternoon thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. If a person is dismissed solely due to them reporting health and safety breaches then this would appear to be grounds for a whistleblowing claim.
Expert:  MatthewM1117 replied 14 days ago.

Do you have any follow up questions?

Customer: replied 14 days ago.
I do
Customer: replied 14 days ago.
In October 2018, I received a written warning for speaking Polish in the workplace, I know it is illegal. I also know that it is too late to do anything about it, but I have the feeling that my employer is unfair. I have received an invitation to a disciplinary hearing of "aggressive and threatening behavior", a final written letter could be a consequence of this. I have never received any written warning of my behavior before.
Customer: replied 14 days ago.
I have been accused by another employee that I’m aggressive because I pointed breaking rules
Customer: replied 14 days ago.
My disciplinary hearing will be chaired by operations director,he never run any disciplinary meetings.i think it’s a personal thing.in our company are different rules to different people
Expert:  MatthewM1117 replied 14 days ago.
Thank you for the clarification, as the incident occurred in 2018 it will be well outside the limitation to pursue any action in an employment tribunal. It is not illegal to request that all employees use the same 'universal' language this is often the case so that other parties do not feel isolated.
Customer: replied 14 days ago.
I made a complaint about breaking health and safety rules over month ago,there is cctv proof of it and nothing changed since then
Expert:  MatthewM1117 replied 14 days ago.

This is potentially a whistleblowing matter, however it would appear that the company would seek to state that whilst you did make a protected disclosure the reason for your disciplinary is due to another employee accusing you being  aggressive.

Customer: replied 14 days ago.
I agree that’s not illegal to request that all employees use the same language but why over 70% is speaking in Romanian language all the time and nobody was disciplined for that?only me
Customer: replied 14 days ago.
It’s unfair treatment
Customer: replied 14 days ago.
How I can protect myself then?looks like I can’t do anything because people don’t feel comfortable to be told off so they accusing others for being aggressive
Customer: replied 14 days ago.
Also I have been told by my director that I have to change the tone of my voice because people don’t like my voice and they feel offended
Customer: replied 14 days ago.
How I can change my genes?
Customer: replied 14 days ago.
Also my face always look unhappy
Customer: replied 14 days ago.
I don’t think so that saying something like this to employee is okay
Expert:  MatthewM1117 replied 14 days ago.

I would advise in raising a formal grievance and including all these points in the grievance.

Customer: replied 14 days ago.
Could you please tell me if I will have voice recording from the meeting how my director is screaming at me and saying things about my voice that could help and could be legal proof in the court?
Expert:  MatthewM1117 replied 14 days ago.

This depends on what you are trying to claim, this could assist you in showing detrimental treatment due to you raising a protected disclosure.

Customer: replied 14 days ago.
I would like to prove that I did not do anything wrong, and the fact that someone felt offended and that I pointed out mistakes does not mean that I am aggressive. The tone of my voice has nothing to do with aggression
Customer: replied 14 days ago.
I also know that my director will try to attack me because of the way I express myself
Expert:  MatthewM1117 replied 14 days ago.

This would be an internal company matter, not something that a tribunal would make a decision on.

Customer: replied 14 days ago.
it’s nothing what I can do about unfair treatment?
Customer: replied 14 days ago.
It means that employers can do whatever they want and treat people unfair?
Expert:  MatthewM1117 replied 14 days ago.

There is no such employment tribunal claim that you can bring for unfair treatment unless you can relate the unfair treatment to a protected characteristic