How to Win a Whistleblowing Employment Claim

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  • čas přidán 25. 04. 2023
  • Are you considering blowing the whistle on your employer but concerned about potential retaliation or already done it and been victimised as a result? Whistleblowing is what you do when you speak out about seriously bad practice in your workplace. Employees who are aware of bad practice often keep quiet about it because they are afraid they will be sacked or be badly treated if they make it public. Moreover, you won’t get compensation just for blowing the whistle: you have to have been victimised, or treated badly - called suffering a ‘detriment’ - as a result of having blown the whistle.
    Watch this video to gain valuable insights on what whistleblowing at work is, how to negotiate whistleblowing compensation out of court, and how much you could expect to get if you were to win an employment tribunal whistleblowing case. Don't forget to subscribe to Monaco Solicitors' CZcams channel for more expert legal advice.
    Chapter 1, Whistleblowing is when you speak out about serious - usually unlawful - bad practice that you know about in your place of work. The bad practice could be to do with any aspect of the business, ranging from financial irregularities such as money laundering or failure to report company data required by law, to practices in manufacturing that fail to meet current health and safety legislation.
    Chapter 2, If you want to make a claim to compensate you for the bad treatment or detriments you’ve suffered because of your whistleblowing actions, you can claim from your employers without having to go to an employment tribunal. You can do this in one of two ways:
    You can write to a senior manager saying that you want to claim compensation for being victimised because of your whistleblowing. You would outline what took place and when, how you reported the bad practice and the ways in which you were subjected to detriments as a result. This would activate various formal internal procedures and investigations by senior management.
    The second approach is far less formal and probably best suited to non-complex cases. It could be as basic as phoning HR, or a senior manager you trust, and verbally outlining the problems to them.. With this approach, your employer may be more generous with compensation, as they’ve saved money by not having to conduct a formal investigation. You just have to take care about what you say in your communications so that you get your points across but without antagonising your employer unnecessarily..
    Chapter 3, If you don’t succeed in getting compensation by way of an out of court settlement, you can submit your claim to an employment tribunal. If you are successful with your claim, an employment tribunal will typically award financial compensation under three main headings:
    The first is called a ‘basic award’, which is based on a week’s salary for each year worked, up to a maximum amount revised annually by government.
    The second part is what’s called a ‘compensatory award’ which is calculated depending on how many months you have been (or are likely to be) out of work.
    The third part of the award is based on ‘injury to feelings’ caused by the detriments you’ve suffered. This is calculated by reference to a set scale of how serious the tribunal considers the detriments are, and is similar to awards made for injury to feelings in discrimination cases.
    Contents
    0:39 What is whistleblowing?
    2:11 Negotiating a whistleblowing settlement
    4:15 Whistleblowing compensation at at tribunal
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Komentáře • 2

  • @ghostghost7067
    @ghostghost7067 Před rokem +1

    these videos are so clear and brilliant. if it goes wrong and I have to sue my boss I know where to come 😂 😂 😂

  • @DenInZen
    @DenInZen Před 4 měsíci +1

    I cannot thank you enough, Alex! You just gave the confidence and strength to carry on fighting!