UK Employment LawIn a scenario where an employee formally raises safety concerns to the employer and the grievance is not upheld. If the employee resigns and claims constructive dismissal where one of the claims is a Whistleblow (Public Interest Disclosure Act ERA 1996 103A), is it the employee’s ‘right’ to argue the wrong doings of the employer at the tribunal or must this only be about the employee detriment.
Province/Country relating to question : England UK
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you are the employee or employer here?
Can you just clarify your questions please - what exactly are you concerned about?
I wish to ask for safety documentation from the employer but am told it is not relevant as it is not about my deteriment.
What do you need that for?
to prove wrong doing by the employer
has the tribunal accepted that you have made a protected disclosure?
yes i think so
I am still waiting for the hearing
ok just need to clarify why you need to prove the employer's wrongdoing - what is your agenda for doing so?
Isn't this what the tribunal is about?
a tribunal is not a forum to expose employers and show that they have breached health and safety regulations, etc. A tribunal is a forum to decide if an employee has been treated correctly, based on the claim they have done. So if you have been dismissed, discriminated, etc then the tribunal is a place where you can get justice about what has happened to you in terms of your employment and get appropriate compensation. So in your case, if you have made a claim for constructive dismissal and whistleblowing, the tribunal will mainly be concerned with the reasons for you leaving and why/how you were subjected to a detriment. It may take the wrongdoings of the company into account but its purpose is not to name and shame or expose the company
I believe the wrongdoing documents is evidence why I received my detriment and caused my constructive dismissal
Hello and welcome to Just Answer,If you are saying that you raised health and safety concerns in a grievance which were not upheld and this was a factor which led to your resignation and the tribunal accepted that you made a protected disclosure then you are able to raise the issue at the tribunal even if the health and safety risks were not to your personal detriment. When Whistleblowing is concerned there are many instances where an employee may raise a concern which does not relate to themselves directly but if it is not address they may decide they cannot morally continue to work for the employer. The Employment Tribunal is entitled to hear evidence to that effect. Please remember to press ACCEPT. I will be happy to answer your follow on questions.
Well if you believe that the wrongdoing documents are relevant to the proceedings and to why you have been constructively dismissed then you can request that the other party includes them in their disclosure to the tribunal. If you know of specific documents that they have you may make a request for specific disclosure order to the tribunal and if they agree they can order the employer to disclose these documents.
…"is it the employee’s ‘right’ to argue the wrong doings of the employer at the tribunal"… I believe the wrongdoing document is evidence why I received my detriment and caused my constructive dismissal
if you believe that this document is relevant then you can ask for its disclosure. If the employer refuses to disclose it you can make a request with the tribunal to order specific disclosure and order them to disclose it. However, if the tribunal does not believe this to be a relevant part of the current proceedings then they do not have to go to such lengths
Specialist in UK Law with expertise in UK Employment Law
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