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I’ve been dismissed or forced out for raising concerns

I'VE BEEN DISMISSED OR FORCED OUT FOR RAISING CONCERNS

What shall I do?

This section will cover situation where you have either been dismissed, made redundant or forced to resign due to whistleblowing.

If you have been dismissed, you should consider, in addition to looking at our website or calling our Advice Line, contacting your trade union, looking for legal representation from our referral page and checking things like your household insurance for legal coverage. While we will be able to offer advice on your legal rights, we are not in a position to represent you at Employment Tribunal.

Consider the following:

  • Make contact with ACAS
  • If you want to pursue a claim at the Employment Tribunal you will need to go through early conciliation which is run by ACAS, you can contact them here.
  • Contact your trade union representative for advice
  • Explore whether a settlement agreement could be reached – this is the process by which you agree with your former employer to settle any employment tribunal claim before it reaches Employment Tribunal

Negotiating a settlement is not something a Protect Advisor can assist with, if you’re not a trade union member please contact one of the employment law specialists on our referral page.

Protect advisors can assist you in escalating or raising your whistleblowing concerns, signing a settlement agreement will not prevent you from doing this. The legal protection for whistleblowers, the Public Interest Disclosure Act (PIDA), has a defence against gagging clauses or confidentiality agreement that may seem to prevent the raising of concerns.  If your concerned about this issue, please contact the Advice Line.

Putting together an Employment Tribunal claim

If you are in position where early conciliation has been completed and you are contemplating pursuing a claim through the Employment Tribunal here are some things to consider:

  • We cannot provide an assessment of the value of a claim, or legally represent (‘advocate’) for people at Employment Tribunal but we can assist in thinking about what is needed to put in an ET1 form.
  • The ET1 form should have as much detail as possible about the disclosure made, when they were made, who to and then what the reaction was that then lead up to the dismissal, resignation, redundancy etc. The key point is that you should be drawing a line from the concerns raised to the victimisation suffered.

Escalating the concern

Going through Employment Tribunal or a settlement agreement process can be stressful at the best of times, and understandably the concerns you’ve been raising may take a backseat. If you believe the concerns you’ve raised have not been addressed, then you could raise the concerns with a regulator.  If you feel that the tribunal process or the settlement negotiations are preventing you from escalating your concerns, then please contact us for advice.

When to contact us for advice

If you are being disciplined by managers or are facing a grievance launched by co-workers in response to you raising concerns, then here are some things to consider:

  • If you have raised your concerns to your employer, but they have not been addressed
  • If either a settlement agreement or the employment tribunal process is preventing your from raising or escalating your concerns
  • If you want some advice from a Protect Adviser on how to draw a link between the concerns, you have raised and the dismissal or redundancy you have suffered
  • If you want some advice from a Protect Adviser on how to articulate the whistleblowing elements within your ET1 form