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Posted By Kay Fuller
A fellow IOSH member and former colleague of mine found himself in the
unfortunate position where his advice fell on deaf ears and he encountered a
hostile response to some of his efforts. This all ultimately led to his
[very unfair] dismissal.
As this occurred before he'd got 12 months service in, the only recourse he
has to an employment tribunal is under s.100(1)(a) of the Employment Rights
Act 1996. (It's the one which protects the officer- as opposed to rep.-
carrying out his duties with regards to preventing/controlling risks).
He can't be the only person who's been through this and was wondering
whether anyone here knows of other cases brought under this section of the
Act.
Of course the issue of financial compensation will be necessary but he's
also concerned about how to handle a settlement outside the Tribunal (i.e.
what should he do to safeguard his reputation in a 'no liability' situation.
He's representing himself so any info/comments appreciated.
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Posted By Linda Crossland-Clarke
Hi
Cant he/she ring the help line run by IOSH? They supply legal advice.
Linda
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Posted By Kay Fuller
Thanks Linda,
I didn't think of that. I've passed your message on, he didn't say if he's already done this, so hopefully it will be a fruitful call.
Many thanks
Kay
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Posted By Neil Pearson
I'll be interested to hear whether the helpline will deal with this question: they've restricted the topics they will address since I became a member.
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Posted By Kay Fuller
Neil, it seems your suspicians are correct. Apparently IOSH have scrapped the 'full legal support' quite recently. My friend had called them about a month ago and they put him in touch with the company they use
for the technical legal support. These people gave him a free 20 minute discussion, but any more than that he has to pay.
So, if there is anyone with similar experience who can offer suggestions or even just flag up pitfalls we'd be grateful.
Many thanks
Kay
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Posted By Karen Todd
What about the Public Interest Disclosure Act?
Again, I am not legally qualified so seek proper advice, but I thought that if you tell someone, e.g. a manager, that they are in breach of legislation, then this is a protected disclosure and the person making it has the right not to suffer a detriment (i.e. be sacked).
Any comments?
Karen
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Posted By Kay Fuller
It's got to be worth a try. I'll pass it on, thank you.
K
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Posted By Jane Morton
Hello
Have not had experience of court action, but when I left my post, where I was not dismissed but made "redundant", I insisted on a pre-agreed reference to be available for 5 years. In return, I entered into a compromise agreement which precluded either party from making disparaging marks etc about the other. It may be that, if your colleague is approached by his former employer for an out of court settlement, he could agree to provide that similar restraints to safeguard his future professional reputation could be made. I can provide you with appropriate wording but would strongly urge your colleague, if he is not to have legal representation, to at least contact an organisation such as the CAB for further advice.
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Posted By Jim O'Dwyer
Hi Kay
I'm sure that if your friend has been unfairly dismissed for drawing attention to safety concerns, then the people at Public Concern at Work may be able to help them.
PCAW is the leading authority on public interest whistleblowing and provides free advice and assistance to individuals who are concerned about apparent danger or malpractice in the workplace.
web site: http://www.pcaw.co.uk
T: 0207 404 6609
I hope this info helps and that your friend gets a positive result.
Please keep us informed of what happens.
Jim O'Dwyer
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