Employment Tribunal Advise needed
I have recently just lost an employment tribunal case for Constructive Dismissal, of which was extremely difficult to prove, more so due to the fact i could not get legal representation or legal aid and had to represent myself.
However on the last day of the hearing the Respondent produced a copy of the Anonymous Whistleblowing Concerns I raised to the CQC via their website concerning numerous safegaurding issues occurring within the Care Home i was working.
The disclosures were made anonymously however the amount of information and details i provided was sufficient enough to immediately identify me as the Whistlblower.
What concerns me is that several months earlier i had requested information from the CQC under the FOIA in preparation for my hearing, regarding the details and dates of all anonymous concerns raised to them throughout a particular month, and was informed that to disclose such information / specific dates would be a breach of the Confidentiality Act under sections 44(1), 41(1) and 37(1) most notably due to it potentially revealing the identity of the informant, breach the trust of future anonymous whistlblowers, and the CQC's obligation to treat such anonymous disclosures as confidential for fear of reprisals or Biased therefore they would not disclose the information I requested.
In the event i would have been aware that my ex employers had possession of this document / full details of my disclosure, it would have totally changed the foundations on which i would have based my tribunal case on, hence potentially provided a different tribunal outcome, as well as provided a rational explanation as to the disgraceful treatment I was subject to.
Therefore I would appreciate some advise regarding if the above would be sufficient grounds to appeal against the tribunal outcome or request a re-hearing. Furthermore would I be able take action against the CQC.
In addition to the above upon the Respondent producing this document on the final day of the hearing the Judge became extremely angry and asked “how on earth had they managed to get possession of it and more importantly when“. Of which it then came to light a CQC Inspector had provided it just 2 days after I had made the disclosure to them.
I have recently just lost an employment tribunal case for Constructive Dismissal, of which was extremely difficult to prove, more so due to the fact i could not get legal representation or legal aid and had to represent myself.
However on the last day of the hearing the Respondent produced a copy of the Anonymous Whistleblowing Concerns I raised to the CQC via their website concerning numerous safegaurding issues occurring within the Care Home i was working.
The disclosures were made anonymously however the amount of information and details i provided was sufficient enough to immediately identify me as the Whistlblower.
What concerns me is that several months earlier i had requested information from the CQC under the FOIA in preparation for my hearing, regarding the details and dates of all anonymous concerns raised to them throughout a particular month, and was informed that to disclose such information / specific dates would be a breach of the Confidentiality Act under sections 44(1), 41(1) and 37(1) most notably due to it potentially revealing the identity of the informant, breach the trust of future anonymous whistlblowers, and the CQC's obligation to treat such anonymous disclosures as confidential for fear of reprisals or Biased therefore they would not disclose the information I requested.
In the event i would have been aware that my ex employers had possession of this document / full details of my disclosure, it would have totally changed the foundations on which i would have based my tribunal case on, hence potentially provided a different tribunal outcome, as well as provided a rational explanation as to the disgraceful treatment I was subject to.
Therefore I would appreciate some advise regarding if the above would be sufficient grounds to appeal against the tribunal outcome or request a re-hearing. Furthermore would I be able take action against the CQC.
In addition to the above upon the Respondent producing this document on the final day of the hearing the Judge became extremely angry and asked “how on earth had they managed to get possession of it and more importantly when“. Of which it then came to light a CQC Inspector had provided it just 2 days after I had made the disclosure to them.
Grounds for appeal Breach of Confidentiality Act
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