Whistleblowing, constructive dismissal and early conciliation

(21 Posts)
Nicolesmama Sun 15-May-16 19:33:34

Hello, following me whistleblowing at work and then suffering ill treatment by management I resigned from my job! I have entered early conciliation through acas and my ex employer is keen to settle, not because they accept any wrong doing but because they prefer not to go to ET(this is what they told acas) I started with a sum and have so far reduced my offer as they have increased theirs. There is a margin between us and I was considering asking them to meet in the middle, or do i just continue to reduce until I have reduced to my absolute minimum? I'm finding this process quite stressful in itself and dread the thought of ET! Can anybody help please?

IceMaiden73 Mon 16-May-16 16:37:53

Surely this is what ACAS should be helping you with not random internet wierdies who have none of the details, figures, etc

Nicolesmama Mon 16-May-16 16:55:33

Hi IceMaiden73, acas are restricted as they can't give you advice, they will only tell you what the law is! I am due to speak to the cab soon so hopefully they can help! Thanks for the comment tho!

Choughed Mon 16-May-16 21:39:51

There's actually some lovely, informed people who hang out on the employment board, so OP may get some useful information.

Unfortunately I'm not one of them, but good luck OP.

Nicolesmama Mon 16-May-16 22:22:50

Hi Choughed, I feel a bit silly because I can't seem the find the employment board on here! Please could you point me in the right direction! Sorry I'm new to this!

Choughed Mon 16-May-16 22:43:45

It's okay, you are on it smile it can be a little quiet so be patient.

Nicolesmama Mon 16-May-16 22:56:55

Ha-ha, how dopey am I? Thank you!

HermioneWeasley Tue 17-May-16 18:35:25

Well, even those of us who are quiet experienced can't advise over the Internet. It would be worth investing some time with an employment lawyer to understand the strength of your case and what you might be awarded. You then discount what it's worth to you to not go to an ET and all the costs involved and see how far away you are then.

Have you got another job?

titchy Tue 17-May-16 18:50:09

From my very limited experience (threatened my employer but settled), you can only be recompensed your actual loss, plus say a few thousand for hurt to feelings.

If you're now employed in a similar paid job having only had a couple of months out of work then you can't realistically expect more than a couple of months salary. If however you're very specialised, and it would be reasonable to assume it would take you a year to find a job, then a years salary would be fair.

I got 8 months salary if that helps which my solicitor said was very good - she'd led me to expect 6 months was what a tribunal would award given my fairly specialist role.

Nicolesmama Tue 17-May-16 18:52:58

Hermione Weasley I think you're right, it's a pretty complicated situation. I will hopefully receive a call back soon from cab! I did get another job, initially was reluctant to stay in the same field but chose to in the end as that's where my strengths and experiences are!

HermioneWeasley Tue 17-May-16 18:53:32

You don't get injury to feelings awards for dismissal - it is basic award (equivalent to statutory redundancy pay) plus actual loss of earnings up to the hearing, and any projected future losses, BUT the employee has a duty to reduce their losses and has to demonstrate that they have done this. Losses capped at 1 year's pay or around £75k whichever is lower. Can't remember if whistleblowing claims have the cap though - would need to look that one up.

HermioneWeasley Tue 17-May-16 18:54:35

How long had you worked there and how soon after leaving did you get another job?

GrumpyOldBag Tue 17-May-16 18:55:10

I'd advise you to speak to an employment lawyer - the first session is usually free anyway.

Nicolesmama Tue 17-May-16 18:59:50

Titchy thanks for your reply! I think what you've said is really helpful! It gives me a good idea of what I should expect. I just can't wait for cab to ring me as acas have extended EC by 14 days and it's running out fast!

Nicolesmama Tue 17-May-16 19:05:31

I worked there for 2 years and started another job 2 months later

Nicolesmama Tue 17-May-16 19:17:52

HermioneWeasley I thought that injury to feelings would be considered in cases of detriment, I may be wrong though!

HermioneWeasley Tue 17-May-16 19:24:03

Your award (if you win) will be minimal in that case - about £500 basic award and 2 months pay. No, there is no injury to feelings award unless it is an unlawful discrimination claim.

flowery Tue 17-May-16 20:02:35

My understanding was that there could potentially be injury to feelings compensation for the whistleblowing element of claims and that there isn't a cap, but I may be wrong.

Either way, you shouldn't be asking on here. If you are bringing what must be a fairly complex case if it involves whistleblowing and constructive dismissal you need a solicitor, and at the very least, if you are settling a claim, you must have a solicitor advise you on the settlement agreement anyway.

Go and see someone. Not the CAB, a proper employment lawyer. He/she will advise you on the strength of your claim and on potential awards if it were to go to tribunal and will advise whether the amount you are being offered is reasonable.

HermioneWeasley Tue 17-May-16 20:14:38

I won't argue with you flowery! And I don't have my IDS handbook nearby to check

flowery Tue 17-May-16 20:22:33

I haven't checked either, that's just what's in my head! grin

OP you need to see a solicitor anyway.

Nicolesmama Tue 17-May-16 20:46:06

I have done no end of reading on this myself but do not have the mind or expertise of a person who is legally trained so you are right I do need help from a professional. Thanks for all your input! I will find a solicitor!

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