Disciplinary Action for Reporting Immigration Crime

[AbigailHH]

My employer is pursuing disciplinary action against me for reporting it for immigration crime. It knew a job applicant didn’t have a work visa, but employed them anyway. I reported this to the relevant authorities.

The allegation against me is that by reporting my employer to the relevant authorities I brought my employer into disrepute. And bringing my employer into disrepute is categorised in its Conduct and Disciplinary Policy as gross misconduct punishable by dismissal.

Is my employer able to do this?

Is anyone aware of any case law or official guidance I can take to the disciplinary hearing stating it cannot take disciplinary action against me for reporting it for immigration crime?

Thanks once again, mariefab. Your brilliant advice has made me feel so much more positive about this whole thing. I can’t thank you enough. You’re a !

I definitely passed on information supported by enequivical evidence (emails and documents). It wasn’t just unsubstantiated allegations. I no longer have the exact wording though unfortunately, as it’s at work and I’m suspended.

I suggest that, while it's fresh in your mind, you get a statement of the story so far written down in as much detail as possible. You can then hand over a copy of this statement at a disciplinary hearing.

Include as much as you can of the following:
When and how you first became aware that the job applicant didn't have a work visa.
The date that the person started working for your employer. Include their name, their job and any other relevant details.
You say that, "I told my line manager, as soon as I realised what had happened." So, I assume that this was a conversation and not an email. So, write down everything you remember about this conversation; date, time, place, what you said, what your line manager said etc. ( FYI, this was the 1st protected disclosure. )
Write down anything relevant to this matter that happened between that conversation and the date that you reported it to the Home Office/Border Agency.
The details of your report of illegal working to the Home Office/ Border Agency, ( The 2nd protected disclosure ) as far as you can remember them.
The details of the text message that you sent to your manager telling her what you'd done. ( The 3rd protected disclosure. )
Describe what your employer did next. The suspension, the threat/pursuit of discipinary action etc. Include dates and references to any documents they sent/gave to you.
Document in detail the effect of their actions on your health and feelings. (This will be used to determine the £amount of an 'injury to feelings' award or settlement.)

You should contact your employer requesting access to your work emails (and other documents?). Tell them that you need this to prepare your defence to their disciplinary charges.
They shouldn't refuse you this access, although they may insist that it's supervised. However, if they do refuse, or if you discover that the emails have been deleted it could well be because they have been using your absence on suspension to remove evidence of their wrongdoing.

Have you been given a date for the disciplinary hearing?
If not, there's no telling how long your employer will choose to leave you in this state of limbo.

If you want to hurry things along you could submit a formal grievance, using a copy of the statement above, and stating that you consider that your employer has subjected you to victimisation discrimination by way of 2 detriments, i.e. 1. suspension and 2. the threat/pursuit of disciplinary action, on the grounds that you made protected disclosures.

Thanks once again, mariefab, for your fantastic and detailed advice. I’m feeling much more positive because of it.

Are you an employment lawyer?

You mentioned something that does concern me. I don’t yet have a date for the disciplinary hearing. And I’m worried I might be left in limbo for a long time. Is there a maximum time period an employer has to conclude a disciplinary process, say from date of suspension to date of decision?

I'm an employment lawyer.

Did you report it to your employer first?

Yes, cloudtree, I did.

No, there isn't a maximum time period for suspension and or completing a disciplinary process. It's at the employers discretion.
Suspensions are usually made on the grounds of needing time to carry out an investigation into what has occurred.
However, no such delay was required here because they had all the information they needed once you sent your manager the text.
That said, unnecessary delay adds to the detriment that you are currently subject to thus potentially increasing the ultimate compensation.
The only way that an employer could need more than a week or so to conclude a matter like this is if they're a tiny business with no HR department. Therefore they'd need extra time to source some kind of employment law assistance.

BTW there is no case law (that I can find) on this particular scenario. No surprise there, because no employer would want this coming out at a public hearing. If it has happened before the employer would have been given 2 choices by their legal advisers.

1. Settle the claim with a nice payoff and pray that the employee keeps quiet.
2. Fight the claim, lose, pay more compensation plus £000s in legal fees then read all about it in the papers. Your only hope is if the employee is intimidated into withdrawing, by the process, or somehow, through inexperience, manages to mess up their claim.

Assuming that you were suspended immediately after you sent the text to your manager and that a letter/email was sent at that time threatening disciplinary action; it's possible that they could be hoping that you will resign to bring this state of limbo to an end.
This would be to their benefit because instead of the usual unfair dismissal the claim would be unfair constructive dismissal.
The difference is that with unfair dismissal the onus is on the employer to evidence a fair reason for the dismissal, whereas with constructive dismissal the burden is on the employee to provide evidence that the dismissal was unfair.
So, don't resign.

Thanks a million, mariefab!

The law here is clear cut they are breaching employment law go to a employment lawyer and you have them over a barrel you have all the cards right now.