Raising it Internally
Where a worker reasonably suspects malpractice (including a breach of contract), he will be protected from victimisation where he raises the matter with his employer in good faith.
Mark worked for a large construction company. He had become more and more suspicious over the behaviour of his line manager, Eric. Due to structural changes, an increasing amount of work was contracted out, particularly to XYZ. Mark noticed that the quality of work carried out by XYZ was markedly substandard and mentioned this to Eric. Eric’s response was surprising: he owned XYZ and most of its employees were family members. Although the need to subcontract work had been approved in general by the construction company, it knew nothing of this arrangement.
Mark then discovered that technical equipment was being sold by Eric to XYZ at a significant undervalue, and that Eric had begun altering computer records for the equipment. Small technical items were also going missing with increased frequency and Eric would order these to be replaced immediately. The relationship between Mark and Eric became strained. Mark felt trapped. Eric was a popular and respected senior manager who had worked in the industry for many years.
We advised Mark to prepare a detailed statement of his concerns in chronological order. At his request, we wrote to the Managing Director of Mark’s company and to the Group Personnel Director of the parent company, enclosing a copy of Mark’s statement. We asked that the company keep in mind Mark’s personal position in coming forward with the information and to treat his identity as confidential.
Mark was asked to stay at home for a week whilst his concern was investigated. One week later, we received a letter from the parent company thanking us for our assistance. The result of their investigations was that Eric resigned from the company and Mark was able to continue in his position. Four months later, Mark wrote to us: “I have been treated very well by the company. The matter has been handled very firmly but very discreetly. I would like to thank you for your help and support through this matter. I cannot imagine having blown the whistle without your support”.