Protected Disclosure Victimization

[dondada]

Hi everyone,

 

I believe it is best I give the example first before I ask the question

 

Person A made a Protected Disclosure

 

A little while later, he suffered a detriment

 

He raised a grievance

 

His employer brought forward a good reason why he was subjected to that treatment (it had nothing to do with the PD)

 

Now he is being victimized for raising the grievance

 

If he had made allegations under the Equality Act, he would have been protected from victimization

 

However, since he made allegations under the Whistleblowing Act (PIDA) he doesn't seem to have any protection from victimization

 

My question, therefore, is this;

 

does a person have protection from victimization when his first allegation was found to be unfounded?

 

Section 2 of the Public Interest Disclosure Act 1998 states;

 

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.

 

Thanks a lot

[honeybee13]

Hi dondada.

 

Can I just ask if you're asking on behalf of someone you're helping please? I know you said you're volunteering at employment tribunals but I've never really understood in what capacity.

 

HB

[sangie5952]

Hi dondada.

 

Can I just ask if you're asking on behalf of someone you're helping please? I know you said you're volunteering at employment tribunals but I've never really understood in what capacity.

 

HB

 

If anyone is legitimately volunteering in an advisory capacity with any organisation, then I would expect that organisation to have policies and procedures which manage circumstances where an advisor does not know the answer to a question, so that the question is raised to an appropriately trained or experienced level in the organisation so that it can be answered with confidence and a degree of certainty. I would be gobsmacked if any organisation had procedures that included sharing details on an anonymous website and asking complete strangers of dubious provenance to tell you what the answer is!

 

For an absolute fact, any of our stewards/representatives who did this would be facing investigations and possible removal.

 

But for the sake of clarity, whether this is a real or hypothetical situation, there is no possible answer based on the information provided. I can think of dozens of answers, all different, based solely on the information provided, and without actually giving the matter much thought. Demonstrating very clearly people should join a union, get legal insurance, or consult somebody who knows what they are doing - there are a lot of cowboys out there who are more than willing to claim expertise that they do not have, and depending on any anonymous stranger on the internet for your future employment is highly dangerous. Depending on someone whohas to go to an anonymous internet forum to get the answer? Well that's just ridiculous.

 

If the OP really is formally representing or advising someone, as they have previously claimed, then if they do not know the answer to something they need to refer the matter to their supervisor or say nothing. Giving third party advice from anonymous strangers based on inadequate information is never the way to go. And puts themselves and the organisation they are volunteering for, if that is what they are doing, at serious risk of liability for bad advice.

[JasJules]

You appear to misunderstand the law of detriments in relation to the making of protected disclosures etc.

 

Also have you really looked into the "good reason" which may have materialised post complaint.........

[dondada]

Hi dondada.

 

Can I just ask if you're asking on behalf of someone you're helping please? I know you said you're volunteering at employment tribunals but I've never really understood in what capacity.

 

HB

 

 

Hi HB,

 

You always ask this question, I don't see the relevance anyway

 

The question is for someone I know personally

 

Yes, I sometimes volunteer at the Employment Tribunal

 

I usually give little advice regarding Case Management Issues

 

I try not to give advice regarding Strike Out applications as those tend to be more complex

 

However, I do give tips and strategies

 

I hope you don't keep asking this question whenever I post anything

[dondada]

 

Also have you really looked into the "good reason" which may have materialised post complaint.........

 

 

I have looked into the "good reason" and I'm satisfied with it

 

The friend also was satisfied with it when he was presented with it

 

He just feels he is victimized for raising the grievance

[sangie5952]

I have looked into the "good reason" and I'm satisfied with it

 

The friend also was satisfied with it when he was presented with it

 

He just feels he is victimized for raising the grievance

Feelings are not evidence of anything. I'm sorry, but friend or not, volunteer or not, or whatever you are... You need to stop advising people on things that you know nothing about. If there is a case of something, or if he thinks there is, your friend needs advice from a professional who knows what they are doing - not third party ill-informed advice based on inadequate information from total strangers on a website.

 

If he wants advice then he should sign up so that he can explain and answer questions. But that still won't be legal advice. If he wants legal advice, he needs a lawyer or suitably qualified individual.

[sangie5952]

Ps. Would you mind posting the details of the employment tribunal which allows you to advise on case management issues. I know a lot of people who would also be interested in volunteering for an employment tribunal, but can't find any that accept volunteers.

[dondada]

Ps. Would you mind posting the details of the employment tribunal which allows you to advise on case management issues. I know a lot of people who would also be interested in volunteering for an employment tribunal, but can't find any that accept volunteers.

 

I don't know which Tribunal you went to but most Tribunal accept people who explains processes and procedures to Litigants in Person

 

it makes the process easier for everyone

 

If you are interested you could meet me at the London South ET and I will guide you in the process of becoming a volunteer

[Emmzzi]

explaining the process is a million miles off giving legal advice!! I suggest you stop before you give bad advice that gets you sued

[Emmzzi]

http://www.thefru.org.uk/volunteers

 

"You will be supervised by our legal officers, who provide advice and support on the law and the Tribunal process you must follow."

[sangie5952]

I don't know which Tribunal you went to but most Tribunal accept people who explains processes and procedures to Litigants in Person

 

it makes the process easier for everyone

 

If you are interested you could meet me at the London South ET and I will guide you in the process of becoming a volunteer

Ah. I misunderstood your role from your previous posts. So you are, in fact, a volunteer usher. You greet people, you advise them on where they need to go, what will happen next and so on.

 

Your offer of guiding me through the process is very generous, but as a full time trade union official, I think I grasp the rudimentaries of it your role. It's another sad reflection on the state of things, although no reflection on you, that these jobs used to be paid, but even the Ministry of Justice is replacing paid employees with volunteers. However, next time I am down at head office it would be lovely to meet up.

[sangie5952]

http://www.thefru.org.uk/volunteers

 

"You will be supervised by our legal officers, who provide advice and support on the law and the Tribunal process you must follow."

Yes, we have similar rules for our stewards and representatives. Even full time officials, although often more experienced, are supervised in the same way, although obviously that would usually be in conjunction with lawyers.

[JasJules]

He may be being victimised (please note the spelling in the UK

 

At which point he needs to consider what to do next. If he wishes to engage a lawyer, does he seek to claim CD (if so steps need to be taken to give the best chance of this)... Has he really looked into the reasons previously provided etc because reasons given ATE often do not stand up to scrutiny for fairly obvious reasons.

 

The question really is what does he intend to do about it? What is the bottom line?

[sangie5952]

I get "uppity" about US spellings, never mind judges! My favourite intolerance is people who don't know how to change their Word dictionary from US English

[JasJules]

I get "uppity" about US spellings, never mind judges! My favourite intolerance is people who don't know how to change their Word dictionary from US English

 

Yes I do also. But the best part is reading documents where the other side spell judgment incorrectly.........

 

Oh BTW OP does your friend have house insurance? Or any other policy which may present a legal expenses policy?