ET tribunal help whistleblowing

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0jklk3b33

  • #1
    Hello everyone

    I will try to keep this very brief
    I was dismissed in November of last year , I was only with my employer a year.
    I raised a serious concern to a manager in line with the company’s whistleblowing procedure in relation to witnessed physical abuse. The person who was responsible for the abuse was sacked at that time.
    Fast forward a few months and I was made aware that the person was simply moved to another unit.
    I highlighted this to my manager and advised him that I would need to report through external body as potentially other people were put st risk.
    Three days later I was dismissed called to a room and told that basically I was not doing my job correctly, I was given a weeks notice.
    I have raised a claim with the ET re whistleblowing as I believe I was dismissed due to raising the concerns.
    My prelim hearing is set for a few months from now.
    The ET3 came back and the company have stated that I was dismissed due to my work
    I have never had any issues and never had anything recorded, no supervisions no nothing completely the opposite.
    I did a SAR shortly after I was dismissed I was advised that I would get my data but they have simply not given me my data
    I complained to the ICO and they have not responded either.
    I will be representing myself at tribunal as I am still struggling to find work
    My question is as my position with the company was completely exemplary and I worked tirelessly how can they claim I was dismissed due to the standard of my work without documentation ie supervisions capability’s disciplinarys ect?
     
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    Newchodge

    Newchodge

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  • #4
    0jklk3b33 said:
    Hello everyone

    I will try to keep this very brief
    I was dismissed in November of last year , I was only with my employer a year.
    I raised a serious concern to a manager in line with the company’s whistleblowing procedure in relation to witnessed physical abuse. The person who was responsible for the abuse was sacked at that time.
    Fast forward a few months and I was made aware that the person was simply moved to another unit.
    I highlighted this to my manager and advised him that I would need to report through external body as potentially other people were put st risk.
    Three days later I was dismissed called to a room and told that basically I was not doing my job correctly, I was given a weeks notice.
    I have raised a claim with the ET re whistleblowing as I believe I was dismissed due to raising the concerns.
    My prelim hearing is set for a few months from now.
    The ET3 came back and the company have stated that I was dismissed due to my work
    I have never had any issues and never had anything recorded, no supervisions no nothing completely the opposite.
    I did a SAR shortly after I was dismissed I was advised that I would get my data but they have simply not given me my data
    I complained to the ICO and they have not responded either.
    I will be representing myself at tribunal as I am still struggling to find work
    My question is as my position with the company was completely exemplary and I worked tirelessly how can they claim I was dismissed due to the standard of my work without documentation ie supervisions capability’s disciplinarys ect?
    Click to expand...
    Well they were hardly going to put that they sacked you for whistleblowing, are they?
     
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    C

    Chris Ashdown

    Free Member
    • Dec 7, 2003
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    Norfolk
  • #5
    Err, you whitnessed something and reported it, with the result somthing happened to the person responsible (either sacked, Moved to another position or maybe rehired)

    What makes you consider, you were not just let go as maybe you did not fit in, or some other reason, rather than for reporting a offence

    To me the reported person was acted on by management and thats the end of the story as far as your concerned, Management must have taken your statement and acted on it, you were not a whistleblower you just whitnessed a act against the company regualtions

    You would be far better getting on with life and getting a new job arther that keep this vendeta going on, even if you were to go throught the whole tribunal what do you expect to get out of it. you will not get the job back and i doubt any wothwhile compensation
     
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    0jklk3b33

  • #6
    Chris Ashdown said:
    Err, you whitnessed something and reported it, with the result somthing happened to the person responsible (either sacked, Moved to another position or maybe rehired)

    What makes you consider, you were not just let go as maybe you did not fit in, or some other reason, rather than for reporting a offence

    To me the reported person was acted on by management and thats the end of the story as far as your concerned, Management must have taken your statement and acted on it, you were not a whistleblower you just whitnessed a act against the company regualtions

    You would be far better getting on with life and getting a new job arther that keep this vendeta going on, even if you were to go throught the whole tribunal what do you expect to get out of it. you will not get the job back and i doubt any wothwhile compensation
    Click to expand...
    Good Morning

    Thank you for your response I assumed people on this forum would be more understanding and offer advice
    I wish I could go into huge detail particularly in relation to what was witnessed then you may understand it better and at least appreciate why it is so important for this to be dealt with correctly
     
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    Newchodge

    Newchodge

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  • #7
    Chris Ashdown said:
    Err, you whitnessed something and reported it, with the result somthing happened to the person responsible (either sacked, Moved to another position or maybe rehired)

    What makes you consider, you were not just let go as maybe you did not fit in, or some other reason, rather than for reporting a offence

    To me the reported person was acted on by management and thats the end of the story as far as your concerned, Management must have taken your statement and acted on it, you were not a whistleblower you just whitnessed a act against the company regualtions

    You would be far better getting on with life and getting a new job arther that keep this vendeta going on, even if you were to go throught the whole tribunal what do you expect to get out of it. you will not get the job back and i doubt any wothwhile compensation
    Click to expand...

    Not if the issue was a safeguarding concern, which this
    0jklk3b33 said:
    I highlighted this to my manager and advised him that I would need to report through external body as potentially other people were put st risk.
    Click to expand...
    suggests may be the case.
     
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    Nico Albrecht

    Nico Albrecht

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  • #9
    0jklk3b33 said:
    Good Morning

    Thank you for your response I assumed people on this forum would be more understanding and offer advice.
    Click to expand...

    For that type of advice I would recommend some social media or mumsnet forum. The answers you were given here are spot on and you completely ignored them. You were a witness to an incident and you got fired while under 2 year employment. End of story!
    Also people on here tend to be more serious about things and would hire a solicitor if they wanna pursue things. You mentioned you do not have a solicitor which indicates you are not serious about it and ready to commit everything you have to pursue your cause.
     
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    Newchodge

    Newchodge

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  • #11
    0jklk3b33 said:
    Wow I have asked to be removed from this group.
    Click to expand...
    It might have been easier if you had explained what you wanted. You have received the ET3 on which the employer has repeated what they told you when they sacked you. What advice are you looking for? What did you expect the ET3 to say?
     
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    JeffreyMills

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    Sep 29, 2018
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  • #12
    Follow up the SAR with the ICO.
    Yes the employer will have a different view on why you were dismissed. They will need to evidence their point of view to the tribunal. If they cannot, then all the more in your favour.
    You will probably need some legal advice, if you cannot find a lawyer willing to do a “pro-bono”. Check your house insurance, this sometimes includes access to certain legal advice.
    You are now in a mud-slinging contest with your former employer. The tribunal will be looking at which mud sticks. They do that by weighing up evidence, including documents. They are not deciding who is a good person and who isn’t.
     
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    0jklk3b33

  • #13
    JeffreyMills said:
    Follow up the SAR with the ICO.
    Yes the employer will have a different view on why you were dismissed. They will need to evidence their point of view to the tribunal. If they cannot, then all the more in your favour.
    You will probably need some legal advice, if you cannot find a lawyer willing to do a “pro-bono”. Check your house insurance, this sometimes includes access to certain legal advice.
    You are now in a mud-slinging contest with your former employer. The tribunal will be looking at which mud sticks. They do that by weighing up evidence, including documents. They are not deciding who is a good person and who isn’t.
    Click to expand...
    Thank you very much I have a solicitor who is advising me but they do not present at tribunal I will follow up with ICO because my SAR was sent in November, my former employer advised I would have my data in Feb after they extended they gave me a date but that has been and gone now.
    As there has never been any capability issues raised with me by my employer I assume that the employer will need to prove with documented evidence that there has been issues.
    As the abuse witnessed was not safeguarded by my employer I reported this to external body as other people potentially were put at risk, three days later I lost my job.
    I appreciate your advice thankyou
     
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    C

    Chris Ashdown

    Free Member
    • Dec 7, 2003
    13,384
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    Norfolk
  • #14
    What exactly does this mean, I understood you stated the person who physically abused the person was either fired or moved to another position, the way you have explained it most would assume there is not any contact between the two members of staff since then

    What was the external body and did you have the facts to back it up or just either hearsay or your own thoughts as i would doubt you were advised by the company the outcome of the investigation
     
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    0

    0jklk3b33

  • #15
    Chris Ashdown said:
    What exactly does this mean, I understood you stated the person who physically abused the person was either fired or moved to another position, the way you have explained it most would assume there is not any contact between the two members of staff since then

    What was the external body and did you have the facts to back it up or just either hearsay or your own thoughts as i would doubt you were advised by the company the outcome of the investigation
    Click to expand...
    The person who was abused was in a care setting they were abused physically by a member of staff this was witnessed by myself the staff member was sacked but actually was moved to another place potentially putting other people at risk
    The employer failed to report in line with safeguarding but told me it had been reported
     
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