Hi, some of you may remember me discussing my friend's application to work in a Specialist Fire Management Team, Casual Work for a well known football club.

He got the job and hasn't missed a match ever since October, not watching the games you understand, he does not support that team but does support their 'mortal' enemies.

The Fire Team didn't get going as intended and he was placed among the Safety Stewards who have received basic fire training, but the new Fire Team members are all retired or serving FRS who all have extensive fire experience.  This is where the problem lies.

The intention was to employ 'off the shelf' experienced men and women who have another 'level' because the H&S Manager knew he needed 'Something Better'.

Well he got 'Something better' and others at the club didn't like that.  The Maintenance Department were suddenly being called upon to carry out repairs which had been ignored in the past, fire doors damaged or kept open/unlocked, rooms with combustible storage up against electrical equipment, essential electrical equipment not secured, fire stopping compromised - I could go on.

My friend was often asked if he had nothing else to do but report maintenance issues.

Yesterday my friend was informed he won't be offered any further shifts, no reason given however this followed two occasions when he was taken to one side and questioned about his reports and told Means of Escape is not his responsibility.

My friend believes he has been "fired" because of the fire and safety reports he had made, all in writing by the way.

My question is this.  Does anyone here have any experience of Whistleblowing and the rules protecting a whistleblower from being dismissed.

Originally Posted by: fairlieg

How was your friend employed.

Was he a fully employed employee or a contractor?

specifically your friend should have a read of Part X of the Employement Rights 1996 and Part IVA Public Interest Disclosure Act 1998 

The should then get some advise from ACAS or a solicitor who spscialises in employment law, like the ones the trade unions use.

I've looked at the documents you suggested, great advice thank you.  I think the next step will be ACAS then maybe a Solicitor. 

Many thanks fairlieg.

Hi Mike, thank you.

I just called ACAS and received loads of great advice.

Greivance procedure could work if not Employee Tribunal.

ACAS provide free service and there are No win No fee solicitors out there.

I'll keep you all informed.

In addition to Fairlieg's options contact Protect [Public Concern at Work] Their objective is to assist whistleblowers. Find the organisation on Google. GBWhatsApp

..Don't you mean that "your friend" wrote to the football club ???  ;-)

Also have a look at https://www.gov.uk/whistleblowing.

The law doesn't just apply to employees - it should protect you as a "worker".

Originally Posted by: Elfin Davy 09

..Don't you mean that "your friend" wrote to the football club ???  ;-)

DOH !!!!

So, once I managed to get through all the "hilarious" friend stuff, the upshot is you were employed on a casual contract, and your contract hasn't been renewed.

You don't know the reason, but you're guessing its because you offered Health & Safety advice

You maybe should make sure that was the reason before you start down the routes of grievances, complaints, reporting, etc.

Maybe you didn't fit in, maybe you rubbed others up the wrong way, maybe you were cut out for it.  There are plenty possible reasons.

The such a useful article. Again, thank you so much

earn to die

Hi Firesafety, 

Bullying is a hard one. The best advice I can offer is to tell your mate to get themselves a notepad and pen.

Then religiously write down times, dates, locations and persons present of any comment and/or action that may be 'considered' bullying or harmful by 'victim' (I really hate that word, but don't know what else can sum it up) and the way it made them feel.

They then should follow the organisational structure laid out (usually in the employee handbook which generally forms part of the contract of employment between the organisation and employee) to deal with such matters.

Ususally this consists of a complaint being made directly to their line manager (in writing) and a meeting being set up, i.e. investigation and mediation.

Failing to resolve this usually a organisation will have arrangements in place to involve more senior management in the matter.

However, if the victim feels that this is not sufficient; that is the time a grievance is usually raised against the handling of the situation. This grievance then can be directed upwards to the highest level of the organisation (obviously following the hierachy so Manager to Area Manager to Director to Managing Director etc). 

Again, I cannot stress enough the importance of noting down and keeping records.

And if the worst came to the worst, i.e. the victim feeling they have to leave then yes that could possibly lead to a constructive dismissal being filled with the Employment Tribunal.

My advice is to tell your mate to consult with ACAS as you did earlier and if they are a member of a trade union raise the matter with their representative.

That's my personal experience in the past.

I can tell you now proving harassment or vicitmisation etc is one hell of a hard thing to do if you dont put in the leg work.

I hope this helps!

Edited by user 22 April 2019 13:50:44(UTC)  | Reason: Edit

Employment tribunals now cost money, the Tories do love to 'cut red tape'....

What did the gentleman's contract state? what were his TORRs? (terms of reference and responsibilty), it may be that the employer (club) construed that he did indeed exceed his area opf responsibility, it could be that he was stepping on the toes of the estates/ facility department?

In essence welcome to the world of H&S, we always seems to be standiong on someones toes. This does not suggest that were H&S oversight is apparent you (sic) shouldn;t raise the issues, it's how and where and who you raise the issues. We are getting one side of a story and although I wouldn't suggest your friend has over-stepped the mark we don't know the other side of the story here.

Edited by user 24 April 2019 09:25:23(UTC)  | Reason: Not specified

Originally Posted by: Clark34486

Employment tribunals now cost money, the Tories do love to 'cut red tape'....

What did the gentleman's contract state? what were his TORRs? (terms of reference and responsibilty), it may be that the employer (club) construed that he did indeed exceed his area opf responsibility, it could be that he was stepping on the toes of the estates/ facility department?

In essence welcome to the world of H&S, we always seems to be standiong on someones toes. This does not suggest that were H&S oversight is apparent you (sic) shouldn;t raise the issues, it's how and where and who you raise the issues. We are getting one side of a story and although I wouldn't suggest your friend has over-stepped the mark we don't know the other side of the story here.

My friend's tribunal is not costing any money. He has help of Solicitor paid for by his home insurance.  True you don't have both sides of the story but neither does he.

By the way I thought health and safety was everyone's responsibility.

Edited by user 24 April 2019 09:52:52(UTC)  | Reason: add a footnote

Originally Posted by: Brian Hagyard

I thought they had stopped charging for tribuneral's as found to be unlawful?

https://www.bbc.co.uk/news/uk-40727400

There are still costs involved, an employment tribunal is the lowest court in the land, thus incurred costs, particularly if you lose and incur the other persons costs (emplyer in this instance)

Another hoop to jump through for the claimant is getting the money from the employer even if successfull!

Regards

Mike