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Workplace Issues

What should I do if my employer is breaking the law?

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If you suspect, or are 110% sure, that your employer is breaking the law, it puts you in a very difficult position. In some circumstances you could be found complicit in your employer’s illegality.

Being asked to do something illegal, from insider trading to falsifying business letters, puts you in hot water if you know you are doing wrong.

However, should you inform the authorities and risk losing your job or stay quiet? Many minor indiscretions on your employer’s part can be diverted or stopped simply by having a confidential discussion with them about your unhappiness with the situation.

Suspected law-breaking
It’s a good idea to make sure you have your facts right in any case of indiscretions from bad employment practice to more serious criminal acts.

If the law breaking is of an employment law nature, and your company is large enough, you may have recourse to the HR department or an internal legal department to air your concerns. If the matter is potentially more serious or even criminal, then assuming you have made a note of wrong-doings or ‘alleged' wrong doings, you may wish to consult an expert. Keep a record of:

  • Conversations with supervisors
  • Performance reviews
  • Emails and memos

The timing and recording of these events is the foundation for any case against an employer. For obvious reasons, you should keep these documents outside of your workplace.

Sometimes you may simply wish to leave the company – or a bad situation – but this should be resisted. There are some cases where the employer’s treatment is so bad that the employee is forced to quit – this is called ‘constructive dismissal’. By resigning you potentially lose your rights and it can make it harder to claim compensation in the future. Follow the rules. Don’t give your employer an excuse to fire you.

An interim first step could be to consult the Citizen’s Advice Bureau, which is free – and well informed. It may be that they suggest you contact a solicitor immediately and point you in that direction. Any consultation you have will be confidential and you cannot be fired for learning your rights.

Awareness of Irregularities
If the irregularity is something criminal, let’s say tax evasion or safety issues, you do have an obligation to do something. In this case, even more than above, you need to get your facts absolutely right otherwise you could leave yourself open to being sued for defamation.

Notify the management in writing and keep a copy of any letters you send. If this doesn't work, inform the company's lawyers or auditors. As a last resort, speak to regulatory authorities (the Inland Revenue, or the Police).

Calling the press should not be considered as an option – once again, you could be sued for libel or slander if you are wrong. All you need do is let the authorities determine if there's a substantial basis for what you suspect may be illegal.

You may feel you are in over your head when it comes to employer criminality but there is plenty of help at hand. The key is not to act rashly or hastily if you are happy at work you presumably want to maintain a good relationship with your employer. This won’t happen if you use the law as a first resort without at least having tried more appropriate internal channels at your company.

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