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I whistleblew at work and now I'm being bullied for it

42 replies

wearenevergettingbacktogether · 03/03/2019 11:12

Long story short, my line manager was misappropriating funds and I raised this with our board of directors, who basically didn't do anything about it until I whistleblew officially.

LM was investigated, is now gone and my 'allegations' have been proved correct.

The problem is, I appear to have upset the board of directors by making them aware of something they should have had oversight of themselves, and by pushing the issue when it looked like they were going to bury it.

I am v v junior and I think I have upset some egos. I am now being treated differently to my colleagues at work - attacked during a team meeting and I've been told emails are going round about how to punish me for whistleblowing (I've put in a subject access request for the emails).

I've now raised a formal grievance, although I'm not hopeful it will solve anything. I've evidence of being punished for whistleblowing and I know I could take this to a tribunal but have to sit out this grievance process first.

Any tips? My house insurance has family legal cover and I'm waiting to hear back about that so a little bit in limbo at the moment.

OP posts:
wearenevergettingbacktogether · 03/03/2019 22:49

Thanks neverknowingly, it's good to know it shouldn't take too long.

OP posts:
Evalina · 04/03/2019 18:42

I know I could take this to a tribunal but have to sit out this grievance process first.

You do need to go through the grievance process as you need to give them the opportunity to right any wrongs, but you don't need to wait for the grievance process to complete before going into the ACAS conciliation process. You only have 3 months to lodge your claim, and some companies will stretch out the grievance process so that you 'time out'. So be very careful on the dates.

You might like to find out which legal firm your insurance company uses, and pay them direct for some initial advice if you don't get a quick and definitive response.

wearenevergettingbacktogether · 04/03/2019 21:09

Thanks evalina.

I heard back from the CEO today that they've decided not to progress my grievance until I return from sickness (one mmonths time) because they've decided that I won't want to hear from them while I'm off sick.

I'm assuming this is just such an attempt to string out the process and I've replied that I want my grievance meeting asap.

OP posts:
Evalina · 05/03/2019 14:33

Yes I would assume so. Give your legal insurance helpline a call for some advice, and if needed pay for some.

Good luck!

wearenevergettingbacktogether · 05/03/2019 18:49

Thanks Evalina. I spoke to the helpline and they said it's a strong case with lots of evidence.

They think pursuing harassment and discrimination is the best bet, although there are other breaches as well. Have to wait for an assessment by a Solicitor sometime next week but insurance should cover it. Fingers crossed.

OP posts:
MrsPinkCock · 06/03/2019 15:26

I agree with @Evalina - be very careful with the three month time limit. To be safest you need to run your three months from the first detrimental act, rather than the last! And don’t exhaust the grievance process without going to ACAS early conciliation if you’re getting near to the three month (minus one day) time limit.

Insurance companies can be very difficult to deal with. Firstly, they very rarely tell you that you have the freedom to choose your own solicitor at the point of issuing a claim - you don’t have to use their panel solicitors (who IME are very junior and often unqualified with their work simply being overseen by a solicitor, they are underpaid and overworked, so they don’t do a good job for you. In fact, in over ten years I’ve never come across a good insurer appointed lawyer). I’d really suggest trying to source a good private lawyer and getting them to negotiate with the insurer direct regarding funding.

Secondly, you need to show that you have 51% prospects of success, and also the same chance of recovery (so does the company have the financial ability to meet any tribunal award). If their panel solicitor says you don’t meet the threshold, ask for a barristers opinion. If the opinion goes in your favour, the insurer usually pays - if it doesn’t, you usually pay.

Good luck!

wearenevergettingbacktogether · 06/03/2019 22:27

MrsPinkCock( great name Grin) that is such useful advice, thank you. The insurance company on the phone said about the panel but that I could nominate a firm, I have one in mind so I'll push for that, thank you.

A colleague has forwarded a really defamatory email about me from the management team so I guess that's the next issue to discuss.

OP posts:
SmallFastPenguin · 06/03/2019 22:32

Good Luck OP fight this all the way.

Evalina · 07/03/2019 15:04

It's also worth giving Protect (formerly Public Concern at Work) a call - www.pcaw.org.uk/ They can give you some advice.

Joanna710 · 08/03/2019 14:40

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wearenevergettingbacktogether · 08/03/2019 16:54

Thanks all.

I had my grievance meeting yesterday and the prospect of a settlement was raised.

I should have a lawyer by Tuesday so waiting to see what they say about it all.

A took a colleague to the grievance meeting and apparently one of the directors was incensed and shouted at another director for giving my colleague info about what was expected of her by ACAS.

I've tried to keep the details vague here, but basically I discovered today that the company is not limited to the directors are all personally liable. I don't think they know that yet.

Joanna, thank you, I'm collecting as much evidence as I can - witness statements and emails.

The email in which they're being derogatory about me was clearly sent in error as the sender attempted to retract it about an hour later.

But couldn't, as I'd already read it and kept a copy Grin

OP posts:
wearenevergettingbacktogether · 08/03/2019 16:55

I've also got in writing from my line manager that I did the wrong thing by whistleblowing because I should not have gone outside the company for help.

OP posts:
neverknowinglynormal · 09/03/2019 13:15

I think that you may have an excellent tribunal claim here. Sadly.

Nix32 · 09/03/2019 13:23

I am cheering you from the sidelines - you are absolutely doing the right thing. It is really tough but knowing that you have had your say and stood up to the bullies is so, so important. Hang on in there.

neverknowinglynormal · 09/03/2019 13:29

Agreed!

TheFirstRuleOfFightClub · 14/04/2019 15:55

How's it going OP? I'm waving my pom poms for you!

Well done standing up to them all, I wish you all the luck in the world.

dontdoxmeeither · 14/04/2019 19:26

Wishing you well also. Can't imagine the stress you're under Sad

I appealed against a disciplinary against me (poorly executed, TOTALLY unfounded) and won. It was incredibly stressful. Your situation sounds ten times worse. Best of luck

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