Protected Disclosure

[Mrwenger]

Im looking for some advice.

 

I want to take my previous employer to a tribunal. I believed i made a protected disclosure to the trustees of the charity and also sought out the charities commission. After i discovered more financial documents which showed money going to the husband and wife team running the charity. I had been trying to raise the issues for 9 months but decided i had no other option but to go to the media. I knew this would mean losing my job and potential damage to the charity.

 

I have one week to submit my ET1 form before the 3 months is up, I have left it this long as its still very raw and i dont want to use emotive language. I have another job which i got straight away 40% less money but only thanks to a friend.

 

Is there a specific term i use on the ET1 or is it Protected disclosure.

 

Many Thanks

 

W

[Atlas01]

Unfair dismissal.After section 103 of the 1996 Act there is inserted—

“103A Protected disclosure.An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.”

 

Therefore it will depend on if your dismissal (not that you have mentioned if you were actually dismissed or not which is rather important here) satisfys the criteria above

 

If you left or were dismissed for another legally "fair" reason it may not

 

With claims of this nature which are highly technical i would recommend legal advice in the long run

[Mrwenger]

Atlas thank you for the reply.

I have contacted a few solicitors and they have all stated that i have a good chance of winning but it is so complicated that they would not make any money.....

 

So they advised me to go it alone. I was dismissed for gross misconduct for breaching our communications policy.

I spent 8 months going over the issues with the trustees, PCAW & the Charities Commission who just advised me to go the membership of the charity. I had no other way of contacting the membership beside the local media and it wasnt a decision i took lightly.

 

Any help on things that i should include would be very helpful

 

Thanks

[monkeychicken]

I would suggest you go for it.

 

Its not that daunting

 

Look for help from this forum and get hold of ETclaims:tactics and precedents and use their website.

 

I did it in 2007 and eventually settled my case for a good sum and an excellent reference. My career is now flying partly because the experience taught me many transferable skills. Best thing I have done.

[Mrwenger]

Monkeychicken, thanks for that i will check ET claims Tactics and precedents. For me its not about the money and never has been, its about clearing my name!

The chair of the trustees called me a vindictive witch hunter in the media. This has definitely affected my job prospects in a field I was regarded as one of the best.

[stu007]

Hi

 

Did they instantly dismiss you for gross misconduct or was a disciplinary hearing held?

 

Were you explained your right to be accompanied by either a work colleague or union rep?

 

On informing you of your dismissal did they explain your rights to appeal and the time limit in which to do it?

 

As they dismissed you using their communications policy you need to get a copy of this policy but also a copy of their Whistle Blowing Policy as well.

[monkeychicken]

Monkeychicken, thanks for that i will check ET claims Tactics and precedents. For me its not about the money and never has been, its about clearing my name!

The chair of the trustees called me a vindictive witch hunter in the media. This has definitely affected my job prospects in a field I was regarded as one of the best.

It wasnt the money for me either, but the point in in these matters, an apology and money are the only remedies available - I wouldnt have gone back to work for my previous employers for anything. But the fact that I got a good sum from them means tough questions will have to be answered by certain individuals and they will have to explain the costs to district audit.

[Mrwenger]

Monkey, I have sent the ET1 form of today as my 3 months would have run out on monday.

Im going to watch a tribunal at the end of the month involving another member of staff, her case is related to mine.

The hope is that I will get an understanding of how the tribunal will play out.

 

Thanks