# Dismissed for an unsubstantiated rumour



## juice_terry (Jul 19, 2017)

I started a new job on Monday.. this morning I was called in to see the director and was informed that my line manager had been told that I had been dismissed from my previous job and as I had failed to disclose this  they had no option but to terminate my employment, giving me one weeks notice. The thing is I was not dismissed from my previous job the information was given to them by a third party I'm assuming from somebody who works there and is basically just hearsay.  I have spoken to my previous manager and operations manager who have both put it in writing that I was not dismissed let alone for the reasons the alleger has stated .. I've got the union involved now .. I guess I'm just sounding off on here .. surely they can't serve notice on me without investigating the allegation and getting the true facts ... I'm raging and now have to go and break the bad news to my OH.


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## Pickman's model (Jul 19, 2017)

juice_terry said:


> I started a new job on Monday.. this morning I was called in to see the director and was informed that my line manager had been told that I had been dismissed from my previous job and as I had failed to disclose this  they had no option but to terminate my employment, giving me one weeks notice. The thing is I was not dismissed from my previous job the information was given to them by a third party I'm assuming from somebody who works there and is basically just hearsay.  I have spoken to my previous manager and operations manager who have both put it in writing that I was not dismissed let alone for the reasons the alleger has stated .. I've got the union involved now .. I guess I'm just sounding off on here .. surely they can't serve notice on me without investigating the allegation and getting the true facts ... I'm raging and now have to go and break the bad news to my OH.


talk to a lawyer through the union as soon as possible


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## juice_terry (Jul 19, 2017)

Pickman's model said:


> talk to a lawyer through the union as soon as possible


Im going to pal.. they are just sorting out a rep for me now .. I'm going to see if there are grounds for suing for defamation too


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## Pickman's model (Jul 19, 2017)

juice_terry said:


> Im going to pal.. they are just sorting out a rep for me now .. I'm going to see if there are grounds for suing for defamation too


good luck


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## maomao (Jul 19, 2017)

The employer can sack you for any reason they like, you've only been there 3 days. You must have some kind of case against the people who gave them the false information. The only thing you are entitled to from the new employer is a written explanation of why you've been let go which is normally fuck all use but in your case you should definitely ask for this.


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## juice_terry (Jul 19, 2017)

maomao said:


> The employer can sack you for any reason they like, you've only been there 3 days. You must have some kind of case against the people who gave them the false information. The only thing you are entitled to from the new employer is a written explanation of why you've been let go which is normally fuck all use but in your case you should definitely ask for this.


I have requested this information including who they got this false information from


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## Bahnhof Strasse (Jul 19, 2017)

maomao said:


> The employer can sack you for any reason they like, you've only been there 3 days. You must have some kind of case against the people who gave them the false information. The only thing you are entitled to from the new employer is a written explanation of why you've been let go which is normally fuck all use but in your case you should definitely ask for this.




^^^^^


But 100% go for this: I'm going to see if there are grounds for suing for defamation too


Fuckers.


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## farmerbarleymow (Jul 19, 2017)

Good luck in getting it sorted out. 

I'd hope your former employer would now be investigating this if one of their staff is shit-stirring. Sounds like misconduct to me.


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## Bahnhof Strasse (Jul 19, 2017)

juice_terry said:


> I have requested this information including who they got this false information from




FoI request if necessary.


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## BigTom (Jul 19, 2017)

Sadly I think maomao is right and you'll be on a probation period so they can sack you for whatever reason they want  but if you have written letters from your old employer that may be enough to get them to change their mind. If you're not on a probation period this might be different, I doubt they could sack you on a rumour, but you'd have to be there 2 years to be able to sue for unfair dismissal and wrongful dismissal has very limited applications and not sure it would apply here even if you're not in a probation period.
Your union will be able to advise you properly and great to hear you're already in one and talking to them as so often people post like this and they aren't in a union.


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## Pickman's model (Jul 19, 2017)

Bahnhof Strasse said:


> FoI request if necessary.


subject access request, foi different


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## BigTom (Jul 19, 2017)

Bahnhof Strasse said:


> FoI request if necessary.



FoI is only for public bodies so if this is a private company doesn't apply.
Data Protection Act you can make a data access request though and they have to give you any info they have attached to your name/ID


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## Winot (Jul 19, 2017)

Defamation won't work unless you can find out who defamed you.


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## farmerbarleymow (Jul 19, 2017)

BigTom said:


> FoI is only for public bodies so if this is a private company doesn't apply.
> Data Protection Act you can make a data access request though and they have to give you any info they have attached to your name/ID


ICO guidance -

Find out how to request your personal information


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## kabbes (Jul 19, 2017)

Winot said:


> Defamation won't work unless you can find out who defamed you.


You will also have to show some kind of damages as a result of the defamation.
ETA: obviously, OP can show damages.  But my interpretation was that the old employer would look to sue for defamation.


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## Pickman's model (Jul 19, 2017)

Pickman's model said:


> subject access request, foi different





farmerbarleymow said:


> ICO guidance -
> 
> Find out how to request your personal information


great minds think alike


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## Pickman's model (Jul 19, 2017)

kabbes said:


> You will also have to show some kind of damages as a result of the defamation.


er losing the job and having potential difficulty with benefits might do for starters


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## not-bono-ever (Jul 19, 2017)

sorry to hear this JT - are your present employers ok to deal with on a F2F basis   -  have you exhausted all  means reasonable discussion with them before escalating ?


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## juice_terry (Jul 19, 2017)

not-bono-ever said:


> sorry to hear this JT - are your present employers ok to deal with on a F2F basis   -  have you exhausted all  means reasonable discussion with them before escalating ?


It's come as a bolt out of the blue to be honest they have served notice without even investigating which I think is pretty unreasonable in itself


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## Pickman's model (Jul 19, 2017)

juice_terry said:


> It's come as a bolt out of the blue to be honest they have served notice without even investigating which I think is pretty unreasonable in itself


yeh i think that's particularly shit and if they repeat the allegation may (ask a lawyer about this bit) leave themselves open to action for defamation.


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## danny la rouge (Jul 19, 2017)

Sorry to hear this Terry; hope you get it sorted.


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## bi0boy (Jul 19, 2017)

juice_terry said:


> It's come as a bolt out of the blue to be honest they have served notice without even investigating which I think is pretty unreasonable in itself



Try and get them to give a reason in writing, email will do.


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## juice_terry (Jul 19, 2017)

bi0boy said:


> Try and get them to give a reason in writing, email will do.


The reason for terminating my contract is that I failed to disclose that I was dismissed from my previous employer (based entirely on the say so of a person so far unknown to me).. they said they will put it in writing .. I have a letter written today from the operations manager of my previous employer stating that I handed my notice in for my previous job .. worked the notice period and in no way was dismissed for any reason .. should be an open and cut case imo.. I'm seething though that it appears they have not investigated this false claim which could have been simply done by phoning my previous manager and asking them outright .. which they have still failed to do.


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## weltweit (Jul 19, 2017)

Sounds like a pretty shitty situation.

Could there be any other reason the new employer wanted to dismiss you?


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## planetgeli (Jul 19, 2017)

Good luck with this. Sounds fucking out of order.


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## juice_terry (Jul 19, 2017)

weltweit said:


> Sounds like a pretty shitty situation.
> 
> Could there be any other reason the new employer wanted to dismiss you?


No idea I only started Monday all I've done is online training there so far.


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## wiskey (Jul 19, 2017)

Do you want them to rescind the termination of contract? or are you pissed off with them and want out?


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## weltweit (Jul 19, 2017)

juice_terry said:


> No idea I only started Monday all I've done is online training there so far.


Sounds more and more dodgy to me ..

When you told your new director that his allegation was false, did he say anything?


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## Duncan2 (Jul 19, 2017)

Is there an appeal against the decision to terminate?With unio rep present you could at least give them an embarrassing half-hour explaining their total failure to act like a reasonable employer?


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## Magnus McGinty (Jul 19, 2017)

Sorry to hear this mate. Sounds well fishy.


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## juice_terry (Jul 19, 2017)

weltweit said:


> Sounds more and more dodgy to me ..
> 
> When you told your new director that his allegation was false, did he say anything?


Not a great deal to be honest.. I gave him the numbers of my old managers but he didn't act on it .. just emailed it to the line manager who it had been reported to .. I can't understand why not do the easy thing and ring and find out straight from the horses mouth... that being the same managers who provided them with a reference about me in the first place


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## weltweit (Jul 19, 2017)

If it is the same manager that gave you a reference then it seems even stranger.

Effectively your new director is saying they lied on there reference.


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## juice_terry (Jul 19, 2017)

wiskey said:


> Do you want them to rescind the termination of contract? or are you pissed off with them and want out?


Yes to both of those things to be honest wiskey..  I want the termination rescinded .. I need a job to pay the bills but to say I'm pissed off with them is an understatement and the frame if mind I'm in right now I really don't want to go back .. eta the worst thing is I was not working for two months since resigning from my previous job  (although some of that was using annual leave as notice period) due to the dbs to take forever and a day .. so it works out about 2 weeks without any income which would be manageable knowing I was starting this job .. so they've known all about me since May  (when I was interviewed) .. I can't understand why someone would lie about me .. I'm certainly gunning for whoever said such bullshit


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## wiskey (Jul 19, 2017)

I'm not bloody surprised, it sounds shoddy as anything


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## juice_terry (Jul 19, 2017)

weltweit said:


> If it is the same manager that gave you a reference then it seems even stranger.
> 
> Effectively your new director is saying they lied on there reference.


Bit they didn't lie on their reference did they ? I have never been sacked by them


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## Magnus McGinty (Jul 19, 2017)

maomao said:


> The employer can sack you for any reason they like, you've only been there 3 days.



They can, but it's highly unusual for this to happen whilst you're still just training and more so given it's based on bullshit (from whom?).


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## Sue (Jul 19, 2017)

Sorry to hear that. Bastards.


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## Fozzie Bear (Jul 19, 2017)

Proper shit. Hope it gets sorted.


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## weltweit (Jul 19, 2017)

I was wondering if perhaps they might have been somehow prevented from hiring someone else, hired you but then found that the other person had become available.

It would still stink.

But also would not explain why they used this fictional reason to dismiss you when in fact they need not give a reason iirc ... do they have to give a reason inside a probation period?


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## cupid_stunt (Jul 19, 2017)

juice_terry this sounds shit.  Hope you can rescue the situation in the short-term, needs must, etc.

Then, look for another job ASAP, they are arseholes, and working for arseholes is not good long-term. 

Good luck.


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## 1927 (Jul 20, 2017)

Reading between the lines i think the allegation that you were dismissed from your previous job is just an excuse to out you for some reason, as suggested by weltweit above. Don't get too hung up on trying to figure out who is shit stirring, cos i'm not sure that anyone has been.

Shit position to be in with a shit employer by the sounds of it.


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## equationgirl (Jul 20, 2017)

maomao said:


> The employer can sack you for any reason they like, you've only been there 3 days. You must have some kind of case against the people who gave them the false information. The only thing you are entitled to from the new employer is a written explanation of why you've been let go which is normally fuck all use but in your case you should definitely ask for this.


Whilst they can sack you, they are also opening themselves up to massive liability - there was recent case law where someone issued a written reference for a person, which was perfectly fine and they were then issued a written job offer and I think accepted it, only for someone to phone the new employer and give a verbal reference that was less than glowing. The job offer was then rescinded.

If memory serves, it went to tribunal and person got damages because the new employer had done no checking of any facts and the verbal reference was not true.


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## kabbes (Jul 20, 2017)

1927 said:


> Reading between the lines i think the allegation that you were dismissed from your previous job is just an excuse to out you for some reason, as suggested by weltweit above. Don't get too hung up on trying to figure out who is shit stirring, cos i'm not sure that anyone has been.
> 
> Shit position to be in with a shit employer by the sounds of it.


It's an unnecessarily elaborate and even risky way of achieving something that could be done much more simply instead with an uncounterable "sorry, this just isn't working out".  So that seems unlikely.


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## Magnus McGinty (Jul 20, 2017)

Of course that assumes competent management.


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## juice_terry (Jul 20, 2017)

How it seems at the moment is that somebody who is working at my new place has said to the line manager "Oh he was sacked from the last place for xxx" the line manager has taken this as gospel and told the director to terminate my contract on the basis that I failed to disclose this .. they haven't even asked me really they have just told me .. "you failed to disclose this " to which I replied that I couldn't disclose something that didn't happen.. It's is nobody from my previous employer (in an authorised position) who has disclosed anything or has given a second verbal reference that isn't so good .. I have spoken to them and they are supporting me and have written supporting statements to that effect.. I don't know what they agenda of the new employer is but  they are making a pigs ear of it !!!

ETA: the reasons that they said I was dismissed from my last job are ludicrous and defaming hence I will be seeking further action against the said individual when I find out who it is .. it isn't just shit stirring .. behaviour like this could cost someone their career let alone this one job


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## Magnus McGinty (Jul 20, 2017)

It sounds like it's someone who feels threatened by new employees being taken on who is making shit up to bolster their position (from what little has been revealed here) as it can't be a grudge if they don't know you.


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## moochedit (Jul 20, 2017)

is there any chance of getting your old job back? or have they already replaced you?


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## juice_terry (Jul 20, 2017)

moochedit said:


> is there any chance of getting your old job back? or have they already replaced you?


Already replaced me .. I left that position as I needed a step down and a change of scenery .. I'm in nursing btw .. previous role was working with older people .. this was a move to work with adults with enduring mh problems and I would have been doing more of what I initially trained for .

Sent from my SM-G935F using Tapatalk


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## killer b (Jul 20, 2017)

kabbes said:


> It's an unnecessarily elaborate and even risky way of achieving something that could be done much more simply instead with an uncounterable "sorry, this just isn't working out".  So that seems unlikely.


IME people are more likely to make up an outlandish lie that makes it not their fault than go for the simple way of doing it that makes them look like a cunt.


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## killer b (Jul 20, 2017)

(that said I don't think there's any point in us speculating whether it's the case here... but nor should it be discounted.)


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## Pickman's model (Jul 20, 2017)

Magnus McGinty said:


> Of course that assumes competent management.


so often a contradiction in terms


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## StoneRoad (Jul 20, 2017)

Pickman's model said:


> so often a contradiction in terms



prime example of an oxymoron, a bit like military intelligence


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## Saul Goodman (Jul 20, 2017)

StoneRoad said:


> prime example of an oxymoron, a bit like military intelligence


Or Microsoft Works.


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## juice_terry (Jul 20, 2017)

Still no contact between my previous employer and current employer (my previous employer is being very supportive and updating me about lack of contact).. there has been no response to my verbal request for the nursing director to disclose where, when, how and from whom this false information was received. I witnessed the hospital director e-mail her this request yesterday.. she would have read the email by now.  Union rep been in touch .. I am now writing a letter to the employer requesting reconsideration of their decision .. with letter from my previous operations manager as evidence that this allegation is untrue and a letter formally requesting the details of the allegations etc under the data protection based on the link kindly provided by farmerbarleymow .. then I  guess it's just a case of wait and see ... thankfully I've managed to get some shifts through an agency which at least will bring a few quid in.


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## Magnus McGinty (Jul 20, 2017)

Place is begging to be picketed.


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## weltweit (Jul 20, 2017)

Hope you get a good result out of this juice_terry


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## juice_terry (Jul 20, 2017)

weltweit said:


> Hope you get a good result out of this juice_terry



Fingers crossed, not sure what result I can realistically hope for other than the termination of contract be rescinded, I want the name of tne person who said it in first place as I'm going down defamation route with that. I certainly want an apology from this employer .. a response to my e-mail I've sent would be a better start though lol


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## ddraig (Jul 20, 2017)

what a nightmare! 

I may or may not have a disciplinary tomorrow based on lies
was accompanied to office to collect stuff and meant to have access to pc but account blocked so can't even get evidence to counter the crappy claims.
had a week and 2 days notice after being there since Sept 2015, been dragged out and not been earning for a few weeks now

hope you get justice and the shit stirrer gets theirs!


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## Pickman's model (Jul 20, 2017)

ddraig said:


> what a nightmare!
> 
> I may or may not have a disciplinary tomorrow based on lies
> was accompanied to office to collect stuff and meant to have access to pc but account blocked so can't even get evidence to counter the crappy claims.
> ...


Good luck to you ddraig


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## juice_terry (Jul 20, 2017)

Best of luck ddraig.. It's a fucking horrible position to be in .. fair enough if you're in the wrong .. you still shit it about losing your job but expect it .. when it's something you haven't done it's a nightmare especially when it's dragged out . Have you not been suspended on full pay while it's investigated ? 

Sent from my SM-G935F using Tapatalk


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## ddraig (Jul 20, 2017)

cheers
nope as a temp
was sent home for a break for a few days, that got dragged out then told 'breakdown in working relationship' now jumped to 'threatening and intimidating behaviour' possible gross misconduct and removal from agency books

anyway, don't want to hijack your thread, will post about my shite on work frustrations thread 

all the best JT!


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## cupid_stunt (Jul 20, 2017)

Good luck ddraig & juice_terry 

I am feeling so lucky to be self-employed, so no one can shit on me like this.


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## kabbes (Jul 21, 2017)

cupid_stunt said:


> Good luck ddraig & juice_terry
> 
> I am feeling so lucky to be self-employed, so no one can shit on me like this.


Except your clients, of course.  

Always the... clients.


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## redsquirrel (Jul 21, 2017)

juice_terry said:


> Still no contact between my previous employer and current employer (my previous employer is being very supportive and updating me about lack of contact).. there has been no response to my verbal request for the nursing director to disclose where, when, how and from whom this false information was received. I witnessed the hospital director e-mail her this request yesterday.. she would have read the email by now.  Union rep been in touch .. I am now writing a letter to the employer requesting reconsideration of their decision .. with letter from my previous operations manager as evidence that this allegation is untrue and a letter formally requesting the details of the allegations etc under the data protection based on the link kindly provided by farmerbarleymow .. then I  guess it's just a case of wait and see ... thankfully I've managed to get some shifts through an agency which at least will bring a few quid in.


Best of luck comrade


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## farmerbarleymow (Jul 21, 2017)

Good luck ddraig too.


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## cupid_stunt (Jul 21, 2017)

kabbes said:


> Except your clients, of course.
> 
> Always the... clients.



Yeah, there's always the clients, but they are all other businesses & tend to be more than happy, only ever had to take one to court for non-payment. He claimed not to have the £800 owed, despite buying a new company car finance-free, he finally paid-up when the Sheriff's turned up & clamped the car, by which time the debt had basically doubled. Twat.

Oh, and a £180 debt I wrote off, the guy's wife was having an affair, left him, leaving the young kids behind, so he had to give up work to look after them. I am not going to kick a good man, when he's down.


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## Plumdaff (Jul 21, 2017)

juice_terry what does the new company's bullying and harassment policy say about this. Dignity at work guidelines? It's disgraceful. Wish you all the best with this


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## juice_terry (Jul 21, 2017)

Plumdaff said:


> juice_terry what does the new company's bullying and harassment policy say about this. Dignity at work guidelines? It's disgraceful. Wish you all the best with this


Don't know.. only worked there a couple of days .. didn't get a chance to read through all policies yet .. Will be asking for access to them though as this also crossed my mind Plumdaff. Most companies I have worked for now have something saying that spreading of malicious lies about a colleague is gross misconduct.. so will be interesting to see. Still no contact from any fucker there .. Will leave it until Monday and then start making demands with my union rep


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## ElizabethofYork (Jul 21, 2017)

This is outrageous.

Good luck juice_terry.


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## Wilf (Jul 21, 2017)

ElizabethofYork said:


> This is outrageous.
> 
> Good luck juice_terry.


Aye, this - sorry not much more I can add. ddraig too.


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## ddraig (Jul 21, 2017)

mine was postponed as was on way out the door in rain!! less than 1 and a half hours before it was meant to happen!


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## donkyboy (Jul 21, 2017)

this is one of the worst things that could happen to someone. new job taken out of your hands. Good luck. Hope something works out in your favour. Good thing you have the union on your side.


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## planetgeli (Jul 21, 2017)

ddraig said:


> mine was postponed as was on way out the door in rain!! less than 1 and a half hours before it was meant to happen!



And that was some rain ddraig. I know, I drove down the M4 through it, getting waves (and not the hand sort) from lorries passing on the other side. Better luck next time, and you Juice Terry.


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## twentythreedom (Jul 21, 2017)

Good luck juice_terry and ddraig, hopefully victory will be yours


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## equationgirl (Jul 21, 2017)

ddraig said:


> mine was postponed as was on way out the door in rain!! less than 1 and a half hours before it was meant to happen!


For fucks sake they really are a shower of bastards


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## existentialist (Jul 21, 2017)

equationgirl said:


> For fucks sake they really are a shower of bastards


Nicely put.


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## equationgirl (Jul 21, 2017)

existentialist said:


> Nicely put.


The pain makes me sweary and feisty


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## existentialist (Jul 21, 2017)

equationgirl said:


> The pain makes me sweary and feisty


Liked, but not quite in that way...  ((pain))


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## equationgirl (Jul 21, 2017)

existentialist said:


> Liked, but not quite in that way...  ((pain))


It's OK, meds have kicked in so it's lessened a bit, but thanks


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## existentialist (Jul 21, 2017)

equationgirl said:


> It's OK, meds have kicked in so it's lessened a bit, but thanks


You might want to pop over to the current Stanley Edwards thread when they start to wear off...


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## equationgirl (Jul 21, 2017)

existentialist said:


> You might want to pop over to the current Stanley Edwards thread when they start to wear off...


Haven't they all been locked,?


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## existentialist (Jul 21, 2017)

equationgirl said:


> Haven't they all been locked,?


Not all of them, no...


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## donkyboy (Jul 22, 2017)

back on topic....

any updates?


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## juice_terry (Jul 22, 2017)

Not a peep .. no responses to my emails... Will give them until Monday evening to respond. Still no letter saying I've been given notice .. despite them saying it will be put in writing. Tried contacting HR but conveniently the person I need to speak to doesn't answer his calls when put through !!!


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## The39thStep (Jul 22, 2017)

best of luck mate


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## farmerbarleymow (Jul 22, 2017)

They are playing a very odd game juice_terry - that's very strange behaviour.  Unless they've realised they've massively fucked up and are trying to dig themselves out of the hole before contacting you further on this.


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## Magnus McGinty (Jul 22, 2017)

They seem to be sticking their heads in the sand. Pretty unprofessional and clueless.


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## juice_terry (Jul 22, 2017)

farmerbarleymow said:


> They are playing a very odd game juice_terry - that's very strange behaviour.  Unless they've realised they've massively fucked up and are trying to dig themselves out of the hole before contacting you further on this.


That's my thoughts on the subject.. there's no wriggle room for them imo.. I would have expected the letter to be through my door the next day . The union letter sent on the day I contacted them was there the very next day.  Unless they are trying to concoct some more nonsense.  You'd think at  least the hr dept would answer there phones 

Sent from my SM-G935F using Tapatalk


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## farmerbarleymow (Jul 23, 2017)

juice_terry said:


> That's my thoughts on the subject.. there's no wriggle room for them imo.. I would have expected the letter to be through my door the next day . The union letter sent on the day I contacted them was there the very next day. Unless they are trying to concoct some more nonsense. You'd think at least the hr dept would answer there phones



It might be that (assuming they are a competent and decent employer) they've launched an investigation into the issue - particularly into the source of the allegation, to try and find out what is going on.  Given that they know that the allegation is untrue, given the statements provided by your previous employer - the only conclusion they can reach is that one of their employees is lying and spreading malicious rumours, and they need to deal with this before digging themselves even deeper into the hole in respect of your situation.


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## squirrelp (Jul 23, 2017)

It sounds like they are in a total pickle.

If you have a disciplinary hearing the key question for you to ask is on what evidence they are making this allegation of fraud against you (that will make them pretty uncomfortable). Of course you just deny the allegation against you and disprove it if you can.

It's not often done, but if I am correct, you could have a civil claim for breach of contract against your employer (if not unfair / wrongful dismissal).


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## badseed (Jul 23, 2017)

This sounds incredibly frustrating. I would be seething if it was me, good luck on Monday.


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## pengaleng (Jul 23, 2017)

yer fucked m8.


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## Wilf (Jul 23, 2017)

pengaleng said:


> yer fucked m8.


wtf?


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## chilango (Jul 23, 2017)

Good luck juice_terry and ddraig.

Hope things work out for you both.


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## ddraig (Jul 23, 2017)

I would hope they've realised that it's bollocks and backtracking in your case jt, really hope you get a proper apology


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## ddraig (Jul 23, 2017)

luckily i have a good wobbly rep and they've already pointed out that, in the case against me, there are quite a few allegations but hardly anything in the way of evidence!


hope all becomes clearer for you tomorrow jt


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## existentialist (Jul 23, 2017)

squirrelp said:


> It sounds like they are in a total pickle.
> 
> If you have a disciplinary hearing the key question for you to ask is on what evidence they are making this allegation of fraud against you (that will make them pretty uncomfortable). Of course you just deny the allegation against you and disprove it if you can.
> 
> It's not often done, but if I am correct, you could have a civil claim for breach of contract against your employer (if not unfair / wrongful dismissal).


Given that the OP has barely been in post for a week, his remedies as regards dismissal are pretty limited.

I think that an overfocus on legal remedies at this point is likely to be futile; far better to work on goodwill. If someone in the new outfit really has defamed him, and the management of the new outfit a) realise this, and b) are remotely decent sorts, they're not going to quite so willing to lose a member of staff they presumably liked well enough at interview to hire.

So rather than looking at the possibilities for at best marginal legal punchups, I think the OP would be better working on his management to find a face-saving way of reinstating him without looking too foolish, and (hopefully) using the opportunity to flush a troublemaker out of their operation - as has already been said, the allegations were patently false, and resulted in a harm, so would potentially be actionable in themselves...although again I think that a hasty rush to law would be about the second-worst option.


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## equationgirl (Jul 23, 2017)

The management don't seem to want to speak to the OP though existentialist


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## existentialist (Jul 23, 2017)

equationgirl said:


> The management don't seem to want to speak to the OP though existentialist


True, but getting them to talk seems a more winning prospect than firing off lawyer's letters, at this stage.


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## Puddy_Tat (Jul 24, 2017)

existentialist said:


> True, but getting them to talk seems a more winning prospect than firing off lawyer's letters, at this stage.



broadly speaking, it's better to try and resolve things at ground level before getting in to the solicitors letter stage - if union are involved, they will probably advise this.

while i'm not a lawyer or anything resembling one, it's difficult to know what legal avenue to pursue - as others have said, you don't have 'unfair dismissal' protection until you've been somewhere two years.

unless the dismissal is due to discrimination on one of the 'protected characteristics' - e.g. race, gender, sexual orientation and so on (and then you'd need to have a fairly strong case)

there's possibly a slander / libel angle, but not sure if you can get legal aid to bring a slander case.

 at the whole thing.


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## juice_terry (Jul 24, 2017)

Still absolutely no correspondence from them whatsoever.. not even confirmation that my email has been received... I'm not wanting the job back tbh not with a company that treats people like this .. I fully understand there's no grounds for unfair dismissal. . But I am wanting the name of the individual who has given them false and malicious information .. I'm going to take legal action against them 

Sent from my SM-G935F using Tapatalk


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## ddraig (Jul 27, 2017)

ddraig said:


> luckily i have a good wobbly rep and they've already pointed out that, in the case against me, there are quite a few allegations but hardly anything in the way of evidence!
> 
> 
> hope all becomes clearer for you tomorrow jt


wrt my case
finally had my disciplinary today, "charges not upheld"
wanted a "not guilty" but told it's the same thing
don't get old job back but can work through agency still, result

hope you're in process of getting your result jt, all the best with it


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## juice_terry (Jul 27, 2017)

Good news ddraig .. no movement my end .. still no contact .. no-one is answering my calls or emails.. they still haven't contacted my ex employers .. fuck knows what game they are playing?? 

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## ddraig (Jul 27, 2017)

juice_terry said:


> Good news ddraig .. no movement my end .. still no contact .. no-one is answering my calls or emails.. they still haven't contacted my ex employers .. fuck knows what game they are playing??
> 
> Sent from my SM-G935F using Tapatalk


amazing incompetence and arse covering, cowards if they don't respond to you tomorrow


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## equationgirl (Jul 28, 2017)

At least it has been resolved ddraig - did you even get an apology?


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## badseed (Jul 28, 2017)

juice_terry said:


> no movement my end .. still no contact .. no-one is answering my calls or emails.. they still haven't contacted my ex employers .. fuck knows what game they are playing??



They probably realise they have fucked up and are trying to work out what to do. Good luck.


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## ddraig (Jul 28, 2017)

equationgirl said:


> At least it has been resolved ddraig - did you even get an apology?


nope, the accuser not present


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## equationgirl (Jul 28, 2017)

ddraig said:


> nope, the accuser not present


That's just wrong.


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## cybershot (Jul 28, 2017)

badseed said:


> They probably realise they have fucked up and are trying to work out what to do. Good luck.



To not even acknowledge you is ridiculous, I'd have been demanding to speak to someone from HR by now for an update. If they haven't phoned back by the end of the day, I'd be phoning first thing the following morning, and again every 2 hours.

Sometimes you just got to be that annoying prick to get anywhere.


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## juice_terry (Jul 28, 2017)

cybershot said:


> To not even acknowledge you is ridiculous, I'd have been demanding to speak to someone from HR by now for an update. If they haven't phoned back by the end of the day, I'd be phoning first thing the following morning, and again every 2 hours.
> 
> Sometimes you just got to be that annoying prick to get anywhere.


Been doing that daily to no avail 

Sent from my SM-G935F using Tapatalk


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## cybershot (Jul 28, 2017)

juice_terry said:


> Been doing that daily to no avail
> 
> Sent from my SM-G935F using Tapatalk



Wow, what a bunch of ......

Not that it helps, but I'm actually glad you no longer work for these muppets. Keep up the pressure thou, they deserve a good bollocking, only a matter of time before they end up in a court.


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## UnderAnOpenSky (Jul 28, 2017)

juice_terry said:


> Been doing that daily to no avail
> 
> Sent from my SM-G935F using Tapatalk



How high up the food chain can you call?


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## juice_terry (Jul 28, 2017)

UnderAnOpenSky said:


> How high up the food chain can you call?


Been ringing director of HR

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## squirrelp (Jul 28, 2017)

Are they paying you?


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## juice_terry (Jul 29, 2017)

squirrelp said:


> Are they paying you?


They gave me a weeks notice .. no suspension or anything .. not been paid a penny so far 

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## planetgeli (Jul 30, 2017)

All a bit...Kafka, innit?

Honestly don't know what to say. Their silence is deafening. It would drive me crazy.


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## Puddy_Tat (Jul 30, 2017)

juice_terry said:


> They gave me a weeks notice .. no suspension or anything .. not been paid a penny so far





(again subject to the usual disclaimers) but i'm fairly sure that even if you are dismissed then you are still entitled to wages the days / hours you have worked.

and if they have given notice (did you get  that in writing?) then pay in lieu of that notice period if you were told not to go in.

This suggests you can pursue it either via employment tribunal or the small claims process but again you need to try and resolve it locally first.  Your union should be able to assist with this sort of thing.



juice_terry said:


> But I am wanting the name of the individual who has given them false and malicious information .. I'm going to take legal action against them



my knowledge of libel / slander law is much fuzzier than my knowledge of employment law, but i think you'd be able to bring claim against (ex) employer and it would then be up to them to drag whoever told them in to the case.

don't think you can get legal aid for bringing slander / libel claims, though, which is why they tend to be the preserve of the wealthy...


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## equationgirl (Jul 30, 2017)

Although, there's always a chance the union might take up such a case if their lawyers thought there was sufficient merit.


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## izz (Jul 30, 2017)

juice_terry, I sympathise wholly with the situation you find yourself in, especially as you're blameless. I have no doubt the root cause is some fuckup on the part of the company and I too would want to know the details, but it may be time to move on, look upon it as a lucky escape, if they can fuck up to this extent who knows what nonsense they're capable of ?


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## donkyboy (Jul 31, 2017)

the need to find out who it was that whispered in the ear is great, though.


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## 5t3IIa (Aug 9, 2017)

juice_terry any update?


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## juice_terry (Aug 12, 2017)

5t3IIa said:


> juice_terry any update?



Nothing yet @5t3lla, they're ignoring everything including letters from union. I won't be dropping this though.


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## heinous seamus (Oct 25, 2017)

Did they ever get back to you?


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