Unfair dismissal? Advice please

little_acorn_2

Briefly, my nephew's employer told him that his company is being sued because some work that my nephew carried out was (allegedly) faulty. The employer gave my nephew an ultimatum: resign today and I'll give you a reference, or be sacked next week and leave without a reference. My nephew resigned. Does my nephew have any rights? I've advised him to to contact the CAB but wonder if there is any further immediate advice I can give him.

terra_ferma

If he has resigned he could claim constructive dismissal.
Unlike unfair dismissal (when they sack someone) the burden of proof is on the claimant, so it's more difficult to prove.

If he has no evidence and can't proof the conversation that took place, I think he's stuffed really...

dawnybabes

How long has he worked there ?

terra_ferma

dawnybabes wrote: »

How long has he worked there ?

Oh yes, forgot to say. If he's been there less than a year he is double stuffed...

little_acorn_2

Thanks for your thoughts. I think he's probably been there about four years - he did his apprenticeship with the company and became qualified about a year ago.

Anihilator

If he was guilty of gross incompetence leading to them being sued then he would have been sacked so maybe he should be happy he isnt getting a sacking on his record and has a reference to account for the past 4 years.

terra_ferma

Anihilator wrote: »

If he was guilty of gross incompetence leading to them being sued then he would have been sacked so maybe he should be happy he isnt getting a sacking on his record and has a reference to account for the past 4 years.

Even so they should have investigated this properly, and he should have been given the opportunity to respond to the allegations.
Obviously if he knows they are right, and he actually made the mistakes they alleged, then I agree that he is lucky they gave him the choice.

MrC_Beds

terra_ferma wrote: »

Even so they should have investigated this properly, and he should have been given the opportunity to respond to the allegations.
Obviously if he knows they are right, and he actually made the mistakes they alleged, then I agree that he is lucky they gave him the choice.

This is the nub of it. Even if the employer had formed the view that he was going to sack the employee, he should have still followed the process.

Who's to say that the party suing the employer would have won anyway?!

He's best off out of the place!

little_acorn_2

From other stories I've heard about the workplace, I agree that he probably is better out of it - but that's a bitter pill to swallow for a young lad in his first job, just passed his driving test, bought a car....

Does anyone have advice about what he should say to a prospective employer if, in this climate, he is lucky enough to get an interview for another job?