I have an ET case as a result of a "Public Interest Disclosure". I can't afford legal representation so am forced to represent myself and would value some informed guidance - I can't get to see CAB until end of the week when there will not be enough time to act before complying with the information disclosure requirement of the Tribunal. Background, I am the claiment and after being fired from £4m T/O privately owned business for telling CEO of illegal trading activity, she amazed me by saying she knew but could not afford to do anything about it now, over 3 months I offered to help fix but she tried to forced me to act illegally also. When I would not I was walked off site and fired by email. During notice period I was threatend with gross misconduct unless I deleted all related emails and documents, this I did but I created (on advice of CAB) a list of all documents, emails (time, date, who to, sumarised content) and bulleted transcipts of audio. Thus I have very few of my own documents to list and am relying on the respondent to produce copies of what I request. I had previously instructed them to preserve all possible files and emails for the up coming action. The ET orders that we exchange lists of documents in our possetion. I can do this easily but as this is a case where they claim my performance was poor and commercial capability below that expected I have a long list of specific items they will definitely havem they will not want to produce and they will not list, including backed up audio of meetings. Questions: Do I wait for them to produce their list? When do I tell them what I need from them, should I do this before they provide the list of documents or after? What do I do if they say they have deleted/don't have/can't find the documents that prove my case? Is there an exchange process where we simultaneously exchange document lists requests for documents so as an example they don't review my requests and use this to further their demands for information? Is there a standard format to list the documents I have? Any input/comment appreciated as frankly I am not going to let them get away with this or destroying my career but it is VERY scary.

Help I have a contract, issued months after starting, stating that the company does not operate a grievance procedure. I have been dismissed and have a whistle blowing case which I will bring but want to ensure I follow correct process for taking to tribuneral. I am going to write to the Managing Director, who dismissed me, and state my grievance but want to ensure that the content of the letter is appropriate and that I follow the correct process, I would value any comments on letter content below and process to ensure compliance with ACAS process for grievance even if company doesn't wish to or won't follow it; Proposed Letter I am writing to tell you that I wish to raise a grievance. This action is being considered with regard to the following circumstances: • Dismissal as a result of raising personally with xxxx, the fact that the business was operating and delivering service to large public sector clients using an illegal software suite worth £50k if purchased legally. • Discrimination based upon my faith and my unwillingness to create untruthful and unsubstantial arguments in the matter of contractors charges and contract commitments. • Misrepresentation by xxxx during employment, enticement and engagement process and change of employment terms • Unreasonable behaviour by XXXX & XXXXX • Enforcement of an employment contract for forced signature which was neither complete, accurate or legally correct. • The recovery of personal property & expenses from xCompany – specifically .... about £80 worth • Weeks after having been asked to leave the site to have been threatened with gross misconduct and accused of theft I am entitled to a hearing to discuss and attempt to resolve this matter; also I am entitled, if I wish, to be accompanied by another work colleague or representative of my choosing. Please reply within 14 days of the date of this letter. Yours sincerely xxxxxxxxx Thanks for any informed comments on letter appropriateness/content & process but I need to get this sent soon.

Without going into chapter and verse there is an Employment Tribuneral Action in the offing but I'd value comment on the following; I have now found the owner of the business (30 staff) had my and other email set up on their sytem covertly looking into it daily. As I only ever used my email for company activity this was not a real threat but I presume, like telephone recording, a notice needs to be given. In my case the purpose of this covert communications snooping was likely so he could ensure he captured all of the personal contacts I brought with me to the business. I was being careful not to share full detail of these as it became clear the business was performing illegally, hence my dismissal and ET. Questions 1. Was he at liberty to do this 2. If so should he have provided some form of notification to me 3. I know he sent mails from others accounts posing as that individual - this is surely fraudulant/misrepresentative Should I include this as part of my grievance (the main case is much more serious) as it all adds to the character of the individual & business and I'm concened if it is relevent and not included I cannot necessarily refer to it. Any informed advice appreciated

I will have to respond to the legal letter demanding "immediately return all data or we may pursue for breach of (forced) contract and gross misconduct" - how long do I reasonably have to respond when told "immediatley" I have made all none related files available for collection by the company and they have been for weeks - do you think I should pass the other info to a third party under instruction to only allow access for assessment for a potential case, therefore removing their competitor awareness concerns - would that be the correct response? - Any one with some Legal knowledge out there? This action I feel would show willing to do the right thing - I can't believe a gross misconduct could stick for not returning data that may be required to show (in the public interest) illegal operation of the business...

Perhaps you can clarify - I thought I had 90 days from termination date to notify of claim. I don't wan't to do this before my notice period is served as it would likely mean they won't pay me. They already are failing to pay receipted expenses that are outstanding until all data returned and have history of going legal with ex-employees My real concern is can they chase gross misconduct after firing me for some "not required anylonger" reason. I need to hold onto the data records for a successful case. If so what process will they have to follow and surely a court/tribuneral would regard my position as reasonable given I have returned all property and have immediately made available all data not likely to be relevent to the case. The forced contract does stipulate all data to be returned when asked - and that would be their basis of breach & hence gross misconduct - but on such a basis I can never prove a thing

Thanks WierdAl - I am not suggesting the contract was as a result of me knowing that the business is operating illegally, as far as I can tell it's proabably the same as was issued to all staff at that time. However on termination; it prevents me speaking to suppliers, staff, customers and approaching potential clients for a job - given the industry this is a BIG issue - of course some have contacted me via phone or business network & I have had to tell them I have been instructed I cannot speak with them until after the imposed contractual period - I'm sure they will try and use this against me also. The word was out on release of the contract sign it or go - just in line with the owners normal bullying in day to day business. Most other employees would not have the first clue that the company is operating on illicit software so I don't believe the contract was crafted specifically for that purpose. Regrettably I don't have legal cover, hence why I am off to the CAB. Clearly I don't wan't to return those files that may be required for litigation but I've been told I have to by return otherwise I am in breach and they'll pursue for Gross Missconduct - can I give to a third party, to hold, are there any legal aid/advice lines that could advise? I have been very clear that all none related data they can have (they almost certainly have copies of everything anyway) as I have no need or desire for it. By the way is it the MD (owner) who is personally liable or does it end up being the "company" which may amount to the same thing but if there was a risk of a personal criminal conviction my guess is they would behave differently Thanks for taking the time to review

I have been dismissed by my employer who head hunted me from a large corporate. They have clearly acted badly but not sure how to progress. Background I am serving my gardening leave as I was walked off the premises and told they would get back to me. I then received a letter terminating my employment which given only 10months service inc notice they can do. Real reason for dismissal is that they are maybe 30 strong business but the MD/owner run's the company on almost 100% illegal Microsoft & Adobe software probably about 30-40k’s worth I raised this with the MD when it became clear to me. Response was "cash flow was really tight and best not to address it now". I raised it again when I was instructed to build new PC’s for new starters and did not want to install illegal software. And raised it a third time after >100k was spent on directors cars and STILL all software was cracked or cloned. Within 4 weeks of this I was put on gardening leave, some days after requested and received reason for dismissal "as my job not required and not able to sell enough" Other Potentially Useful Details 1. I had no contract of employment until 5 months after starting 2. I had no job description ever 3. I had no training or mentoring 4. I had no warnings or disciplinary until walked off site A contract was forced on me 5 mths after starting that has all sorts of limitations, errors and inconsistancies not least was a reduction in notice period to what had been discussed, effective gagging order, limits about who I can approach for work etc. and a clause about data return. It was made very clear sign it now (had 48hrs) or leave – how could I do anything apart from sign as my career had been shot and would show only a few months with an employer (who has historically churned staff nearly always within the 12month window) who was operating illegally and I wanted to help change for the good and safety of all 30 staff. Now I am serving my notice period and so far they have paid me while on garden leave but they have now asked for all company data and documents back. I have written back saying they can collect now all documents that do not pertain to any future action I will take (which has to be within 90 days of termination date I believe), & all company property has already been returned I have meetings with CAB in a week and likely the BSA thereafter but now the company have had their lawyers get heavy saying if I don’t return ALL documents immediately then they will pursue me for Gross Misconduct – and are not limiting other action. HELP I don’t have a lot of money I can throw at this and need to provide for my family but given the bullying tactics adopted by the MD and typical instruction like just "F***ing do it" throughout my time there if I return all email trail then I will have no way of substantiating my case, which is clearly what they want. I would value some advice as there is a long trail of career damage this small company has created, my own included, and because they DO have the cash and the Legal Insurance they will fight. I have to respond very soon to the legal letter so quick response is really appreciated