Whistle Blowing Discrimination

[larrythelamb]

Following an episode at work, my friend reported that CCTV was being used inappropriately at her work place. She also discovered that it wasn't registered, as required under Data Protection Act. She is now being disciplined for misconduct. Her peers are guilty of the same behavior that she is being disciplined for, but are not being reprimanded. It appears that her employer is trying to force her out...is this legal?

[RATTER15]

You will need to give details of how the employers are "trying to force her out" on the face of it, No!

If an employer wants someone out they will usually succeed, ways and means.

[larrythelamb]

Sorry, Ratters....not a good choice of words " force her out ". She is being treated differently from her work colleagues, her line manager is aware that others have done, and continue to, but is taking no action against them.Does this constitute discrimination? She enjoys her work but recognises that she will struggle to keep her job if her employer wants to get rid of her...

[atalanta]

two things she can do:
1) ask the Citizens advice bureau for advice
2) join the appropriate union and get them to fight the battle for her

[boxtops]

Is there a whistleblowing policy at her workplace? Many have them - it's clear from that that the person blowing the whistle shouldn't be discriminated against. Who's discipling her, on what grounds? formal disciplinary, or verbal warning?

[Hypognosis]

//it wasn't registered, as required under Data Protection Act.//

That could make the tribunal hearing quite interesting.. :-)

However, if the misconduct - you didn't go into detail - is of a type which the tribunal is unlikely to condone then maybe the dismissal could be upheld.

"But all the other cars in the outside lane were also doing 80" is not a valid defence against a speeding ticket.

It's strange that many whisleblowers have an Achilles' heel which leaves onlookers thinking "oh, they only blew the whistle 'cos they got caught misbehaving", like blowing the gaffe is their way of firing back as they go down in flames. On the other hand, maybe the truth is everyone has misbehaved at some stage but it is tolerated, so long as they keep mum about the 'big bad' which the employer has perpetrated.

[bednobs]

if you are doing something you shouldn't be doing, it's no defence to say "well everyone else does it"

[Peter Pedant]

This is double posted - here the legal side has been blurred a bit.

Two things - first she has to do the internal inquiry and will of course be battling against a closed door. Usual rules - they have to follow their own rules in the disciplinary, or at least adhere to ACAS guidelines - which involves taking in a colleague. She should get unionised.

and secondly - if and when she is 'forced out' when in the future she can apply for damages for unfair or unlawful dismissal ( unfair is different to unlawful). COmpletely different to the internal and she may get a fait hearing there.

is this unlawful discrimination - no because it is not on race colour or creed or gender.

[Peter Pedant]

Og God how embarassing - s1 of the public interest disclosure act 1998 put exactly the protection you are seeking into s43 of the EMployment Act 1994.

See the wiki entry - on PIDA.

It might be worth pointing that out to the employer at the internal.

I was only aware (because I did it) of the section that indemnifies people telling tales to a minister of the crown - I selected the Chief Medical Officer in the event. My employer didnt like it but hell I'm retired now !

[THECORBYLOON]

Meant to say that only certain folk can have the full roll and only for certain reasons but anyone can buy the edited version.