Unfair Dismissal, Retalian for acting as companion (acas) and whistleblowing on manag

Sixu

Automatic Unfair Dismissal, Retaliation for acting as a companion (ACAS) and whistleblowing on inappropriate if not illegal activity by management.

I desperately need some advice on this issue. As to help me decide what my next steps are.

I was a temp support assistant at a substance misuse project for the past 8 months, before I was fired on the spot on friday for what I believe to be retaliation for whistleblowing, acting as a companion (under ACAS) at a disciplinary hearing (and with the former point in mind) automatic unfair dismissal.

I will start in chronological order in order for you good folks to reach some objective decision:

In mid september a work colleague of mine was assaulted on our premises and spat in the face. This man was intoxicated (either through drug or alcohol) when he came onto the premises and ended up spitting in this staff member's face. Now with the real possibility of having contracted some disease, such as HIV or Hepatitus, this staff member went to get himself tested, and went off sick.

While he was sick, a disciplinary process was begun.In part because the relationship between my work colleague and line manager isn't good, but I can't substantiate that. Within the first two weeks were were told the staff member was not allowed on the premises and that he was suspended (we were told before he ever was).

I wasn't particularily happy about his treatment at this point, but it wasn't any of my business.

It was at this point that things started to get very, very alarming. Before the staff member off sick was even suspended, our immediate management in their infinite wisdom somehow decided it was a good idea to pay of this member of the public with a [sum of money] gift voucher if he signed a disclaimer preventing him from suing the company later on.

It was at this point I lost any confidence and faith in my immediate management. While a staff member was waiting to find out if he had contracted a disease, they were trying to prevent any compensation claim. Effectively this constituted bribery, not to mention this guy himself is a vulnerable adult. This document was then left on a desk in public view, and as I had grave concerns about the innapropriateness of this document and its implications, I took a photo of it (to timestamp it) and photocopied it, to alert senior management.

At this time, the work colleague off sick had been informed that an investigation of the incident was underway, and he asked me if i could be his companion under ACAS. I agreed.

Now the nature of the company i work for, is meant to help people with substance misuse issues progress into recovery and independent living, I say this because of a statement I took from a witness of the incident, a day or two before the disciplinary hearing.

During the incident in mid september, a client in our building had witnessed some of the incident. The investigation officer took his statement at some point in late september early october. But he had complained to frontline staff, myself included that he had felt pressured and uncomfortable making a statement (also a vulnerable adult). I did not know whether this had been reported or not, but in the event it hadn't I felt this view should be expressed.

Because of the disclaimer, certainly amounting to bribery, I could not in good conscious approach my immediate management about the feelings and thoughts of this client. I felt my only recourse of action, since both documents revolved around the incident, was to bring these to the attention of senior management at the hearing.

This I did.

Four days after, I was taken into the back office, with the manager who was at the disciplinary panel (who is responsible for the other project manager) and another manager who authorised the payment to the member of the public. (He had obviously disclosed that I knew the disclaimer/bribery had occured/attempted)

I was told that the reason I was being immediately dismissed was because I didn't follow the correct procedure in reporting the client's feelings and thoughts after he gave a statement. That I had a conflict of interest in supporting my work colleague at the disciplinary. That because I was a temporary employee, I wasn't entitled to an investigation and that I'd be facing a disciplinary.

I stated that, regardless of whom reported it, it could be verified by asking other frontline staff to confirm this. He chose not to reply to that.

The disclaimer was the first thing the manager mentioned, quizzing me on where I got it from. He insinuated I was a thief.

He also stated when my contract ended. Now, this needs to be explained a little. I was on a 6 month contract from March-September. I then worked for two weeks without signing a contract, which i repeatedly asked for from my manager (as I don't like not knowing my rights). When it arrived it had the wrong date on it, ending at the end of november and not december.

I questioned this with my manager, and he assured me it was a mistake and that my job would be secure till then.

I feel it prudent to state though, I never signed that contract, I didn't send the contract back, in fact I have both copies here. (I don't know if this will have a negative or positive bearing on any legal proceedings)

Regardless, this mistake was used to their advantage, as my manager stated that my contract was up the end of november. That i'd be paid until the end of it, but that i had to hand over my keys now.

If however this was true, why was i booked on a company excursion on the 9th December and why have I got annual leave booked for five days in late December?

Also, the hours I was doing was covering that of a worker who had been sick for several months and recently handed in their notice. It was this worker's job I was encouraged to apply for which was only advertised from the 7th November. The closing date is the 22nd November.

I need to point out that their are no vacancies where i was working. So in the even that my contract did end on the 30th November, then that would only give them 9 days to go through all the applications, whittle those down, interview all candidates and receive a clean CRB from the applicant. I don't think that's particularily feasable and believe that this would perhaps go in my favour.

There are a few other things that I can't currently go into, but I have been in touch with ACAS, who have advised me to appeal before thinking about any possible employment tribunal business.

I'm totally disgusted though. I have only reported the truth.

agrinnall

Hopefully others with greater legal knowledge than me will comment but my understanding is that because you have only been employed for 8 months you can be dismissed for any reason with no ability to go to an employment tribunal unless your dismissal can be shown to be due to certain types of discriminiation. Unless you are hoping for some sort of whistleblower protection I don't think there is anything you can do.

Sixu

agrinnall wrote: »

Hopefully others with greater legal knowledge than me will comment but my understanding is that because you have only been employed for 8 months you can be dismissed for any reason with no ability to go to an employment tribunal unless your dismissal can be shown to be due to certain types of discriminiation. Unless you are hoping for some sort of whistleblower protection I don't think there is anything you can do.

I think the primary reason for my dismissal was for whistleblowing though. None of the managers in question have been or are being investigated. =/

System

I had grave concerns about the innapropriateness of this document and its implications, I took a photo of it (to timestamp it) and photocopied it

I would consider photographing a confidential document with your personal phone (?) would be sufficient grounds for dismissal. Whistleblowing does not give carte blanche to do what you want.

dandelionclock30

Get to the CAB or see an employment law solicitor.I think you will have to cut your losses and move on.
You cannot get HIV or Hepatitis through saliva.

DVardysShadow

!!!!!! wrote: »

I would consider photographing a confidential document with your personal phone (?) would be sufficient grounds for dismissal. Whistleblowing does not give carte blanche to do what you want.

Never mind that it was left in the open for anyone to see. A r s e s might sack people for this. Intelligent managers will take into account why the image was taken and what was done with it.

KiKi

Unfair dismissal does apply in the case of whistleblowing, regardless of the period of service. Your problem is that they dismissed you for not following correct procedure, not for whistleblowing per se.

You would need to prove at an ET that you blew the whistle in good faith, and not with any other agenda (your employer may cite conflict of interest) and that you behaved in a legal manner (taking photos of confidential documents, no matter how accessible they were, is something the company will probably bring up).

Am not an expert on it, though, so hopefully someone else can confirm / clarify.

(And I hate to point out the obvious because we are supposed to be an educated society these days, but there is not a very real chance from catching HIV from being spat at, either. Unless he spat litres of spit and your colleague had an open wound on their face.)

KiKi

Sixu

Thanks, yes I'm going to the CAB tomorrow with a work colleague about this. I will begin to research employment solicitors too. FTR though, while HIV and Hepatitus aren't diseases traditionally transmitted by salivia, they can be if there are open wounds in the mouth. We are after all talking about a person with significant substance misuse issues. If you were put in that position and spat in the face, you couldn't rule out the possibility could you? Herpes is also an example of saliva-transmission.

@ !!!!!!, while I of course agree that photographing confidential files is grounds for dismissal, it can also be used to support great injustices. I recall as a prime example the nurse who recorded off her phone abuse to patients in a psychiatric hospital not too long ago.

Carte Blanche no, justified documentation yes.

I believe documenting a disclosure bribing member of the public if they promise not to sue the company is of great concern. Principally as it involves tax payers money.

SueC_2

Sixu wrote: »

A
It was at this point that things started to get very, very alarming. Before the staff member off sick was even suspended, our immediate management in their infinite wisdom somehow decided it was a good idea to pay of this member of the public with a [sum of money] gift voucher if he signed a disclaimer preventing him from suing the company later on.

Am I missing something? What could he have sued the company for?

DVardysShadow

KiKi wrote: »

(And I hate to point out the obvious because we are supposed to be an educated society these days, but there is not a very real chance from catching HIV from being spat at, either. Unless he spat litres of spit and your colleague had an open wound on their face.)

Anyone who wet shaves probably has something which could be classed as an open wound on their face.

Sixu

SueC wrote: »

Am I missing something? What could he have sued the company for?

Sorry, during the incident after the staff member was spat in the face the staff member pushed him back and the guy fell. He then came to the building a day or two later complaining to management that he'd hurt his arm and that he'll sue them.