Can Aitken Raise a Whistleblowing Claim Against the Solicitor?

Question from Whistleblower, Can Aitken Raise a Whistleblowing Claim Against the Solicitor?

Answer from AI:

Aitken’s situation involves complex legal issues related to whistleblowing, settlement agreements, and potential retaliation. Here’s a general explanation of the relevant legal principles and steps Aitken might consider.

Understanding the COT 3 Agreement

A COT 3 agreement is a legally binding settlement agreement facilitated by the Advisory, Conciliation and Arbitration Service (ACAS) in the UK. It typically includes terms that prevent the employee from bringing further claims related to the settled dispute.

• Binding Nature: Once signed, a COT 3 agreement generally prevents the employee from reinitiating any claims covered by the agreement.
• Scope: The agreement usually covers all claims up to the date of the agreement, including whistleblowing, discrimination, and constructive dismissal claims.

Retaliation and Victimization Post-Settlement

Aitken’s concern is about actions taken by the respondent’s solicitor after the settlement was agreed upon. Retaliation and victimization can be serious issues, especially if they occur after a settlement.

Whistleblowing Protections

Under the Public Interest Disclosure Act 1998 (PIDA), employees are protected from retaliation if they make a protected disclosure (whistleblowing). However, since Aitken has already settled his whistleblowing claim, the COT 3 agreement may complicate matters.

Victimization Claims

Victimization occurs when someone is treated badly because they have made or supported a complaint under the Equality Act 2010. Aitken might consider whether the actions of the respondent’s solicitor could be seen as victimization.

Steps Aitken Might Consider

Given the complexity of the situation, Aitken should consider the following steps:

1. Review the COT 3 Agreement: Carefully review the terms of the COT 3 agreement to understand the scope of the claims covered and any exceptions.
2. Document the Incidents: Keep detailed records of all interactions and incidents that may constitute retaliation or victimization.
3. Seek Legal Advice: Consult with a legal professional who specializes in employment law to get personalized advice. They can help determine if there is a basis for a new claim.
4. Consider ACAS Early Conciliation: Before making a claim to an employment tribunal, Aitken might consider using ACAS Early Conciliation to resolve the issue informally.

Legal Resources and Further Reading

For more information, Aitken can refer to the following resources:

• ACAS: Settlement Agreements
• GOV.UK: Whistleblowing
• Equality and Human Rights Commission: Victimisation

When to Seek Legal Advice

Given the potential for complex legal issues and the binding nature of the COT 3 agreement, it is crucial for Aitken to seek legal advice. A legal professional can provide guidance tailored to his specific circumstances and help navigate the intricacies of employment law.

**Note:** This information is intended to provide a general understanding of the legal issues involved and should not be construed as legal advice. For personalized legal advice, consulting with a qualified legal professional is recommended.