Dudley Solicitors

EMPLOYMENT LAW SOLICITOR DUDLEY

What is whistleblowing ?

A whistleblower is someone within a workplace who alarms about misconduct occurring in an organisation. The exposed wrongdoing may take different forms like abuse of law, failure to comply with rules or regulations, or negligent behaviour.

Whistleblower will not be protected by law if he/she breaks the law when making a disclosure of the information is protected under legal professional privilege.

Whistleblowers can put their allegations internally or externally. They are protected in the public interest, to encourage people to speak out if they find misconduct in a workplace.

In order to be protected by the law, the whistleblower should raise a concern to the right person. The requirements are that it must be made in good faith and that the person must reasonably believe that the information is significantly true.

The contract of employment should specify a process for whistleblowing.

What information must an Employer  provide when employment commences ?

The employer must legally provide a “statement of employment” within 2 months of the employment starting. This is not an employment contract, which can be verbal or written, but does contain the main terms of employment. If the employer has not provided a statement this gives the employee the right to complain to the Employment Tribunal and for an order to be made to determine the details.

Can an employer change the employment statement?

The employer must consult with the employee for one month before making any changes.

What are the qualifying conditions for claiming Unfair Dismissal ?

In order to make a claim for unfair dismissal, certain technical criteria must be satisfied, which are :-

• You must be an employee and work either full-time or part-time
• You must have at least 1 year’s continuous employment.
• You must be under 65 years old or if your employer allows staff to work beyond 65 the normal retirement age for your job at the date of dismissal.
• You must not be in an excluded category, e.g. the armed forces or police

Are there any exceptions to the 1 year employment rule for claiming Unfair Dismissal?

You should normally have one year’s continuous employment, except:

• If the dismissal was connected with pregnancy and maternity rights.
• If you are a retail worker or work in the betting industry and were dismissed for objecting to working on Sundays.
• If you were dismissed for asserting your employment law rights.
• If you were dismissed for observing Health & Safety rules.
• If you were dismissed for being an elected representative for collective redundancy or transfer consultation purposes.
• If you were dismissed for “whistle-blowing”.
• If you are dismissed just before the 1 year period, i.e. 1 week before your statutory notice period maybe added to give you 1 years service.
• If your dismissal is connected to Trade Union activities, carried out at an appropriate time.
• If you are dismissed for belonging to a Trade Union.
• If you are dismissed for refusing to join a Trade Union.

Are claims available based on bullying at work and/or harassment?

Your employer is responsible legally for the actions of staff, sometimes even if the employer was unaware of such actions, . This is known as vicarious liability. An action is also possible against the individual(s) who may have been harassing you.

The employer may also be liable if appropriate action has not been taken once a complaint has been made.

Bullying and harassment can be physical and/or verbal behaviour and can be communicated in a number of ways such as text messages, emails, verbal and physical communication. The following are examples of bullying and/or harassment:

• verbal abuse or comments
• staring, touching  comments or leering in a sexual way
• offensive gestures
• aggressive physical behaviour

I work for an employer in Dudley. Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

For more employee rights information click either here or here.