Dismissed on sick leave due to false allegations

boopopps

My reference just lists my job title, dates employed, job description and skills, knowledge and experience required. I am guesssing this will have to suffice and to be honest thos is all most organisaions these days will supply anyway.

Uncertain

boopopps wrote: »

My reference just lists my job title, dates employed, job description and skills, knowledge and experience required. I am guesssing this will have to suffice and to be honest thos is all most organisaions these days will supply anyway.

Indeed.....

As I mentioned, even if you managed to agree a glowing reference, the fact that the firm would have to respond with exactly that and not answer any questions can raise eyebrows anyway.

You might be able to pre-empt this by suggesting that this was your old firm's normal policy and offering an additional personal reference.

Another option is to use some of your settlement to subsidise taking a low key job (or better still a seasonal one). This would then become your most recent employer.

It is a very long while since I read the whole thread so I've forgotten why you were off sick. If it was for a one-off major problem that is unlikely to recur it may be best to be up front about it. Simply say that you opted to take an extended period off work to full recuperate then start afresh.

If you are well qualified / experienced then, unless your new employer has extensive sick pay provisions from day one, they are not really taking much of a risk giving you a try. Sometimes people worry too much about this.

boopopps

I was sick for major surgery which was supposed to be the end of my problem, however something has now gone wrong and part of the problem as reoccurred as well as it causing acute kidney failure. I have been hospitalised for 11 days, released a week ago, however I am going to need at least one more op and long term treatment now. The stress of all this case has not helped me at all.

I am now in a 6 month temporary contract role, paying more money than my previous role for a lot less work, but I have to travel 32 miles a day!!! I have been sick for the last 3 weeks however and need to go back next week to avoid losing the job. My new employer has been very understanding thank god, but understandably they cannot afford for me to go sick for any longer. My new boss was more than happy with my work prior to my illness, reporting to the agency saying I was a real find! There was even talk of extending my contract upto 12 months and I had only been there a month. Just my luck all of this has now happened with my health, but it is totally unexpected.

One other thing, I am not supposed to disclose anything of my dismissal to anyone, however I have had to explain the circumstances to my new employer and agencies previous to this agreement. I have gone back to the solicitor and made her aware of this and said that something needs to be included in the agreement to protect me on this occurence previous to the agreement. My former employer had also sent references that said I was dismissed and falsely reporting on my attitude and time keeping. Sureley this can be factored into the agreement? It will not prevent it going ahead will it?

SarEl

A compromise agreement can only be effective from the date of signing - it doesn't cover anything that happened before, so you have no worries on that account. You should also note that gagging clauses have a limited shelf life - they are unenforceable in law in 99.9% of cases after 12 - 24 months.

Uncertain

Sorry to learn of all the medical problems.

An agreement is just that, something on which you agree. Only you (with your solicitor's advice) can decide what you are happy to accept. The alternative is to fight on and let a tribunal decide. Keep in mind that even if you win and get significant compensation the tribunal cannot dictate what the old firm puts in a reference.

Given what you say about the new firm are you that bothered about a reference from this shower? Even if you get a form of words you are happy with you will always wonder what they may say (or not say) on the phone and this is very hard to police.

Normally in a CA you are allowed to disclose as much as is necessary to potential future employers.

boopopps

Latest news is the agreement is going through, hopefully it should arrive with me to sign on Friday and payment to follow within 14days. It ain't over til it's over, but its getting close now. :j

Uncertain

SarEl wrote: »

You should also note that gagging clauses have a limited shelf life - they are unenforceable in law in 99.9% of cases after 12 - 24 months.

Interesting comment.....

Does this work both ways and what is the thinking behind it?

dismayed2

Well done Boo! You got there in the end. :T

Glad to hear the temp job is going well; fingers crossed you get a contract extension, or go perm if that's what you'd prefer.

Take care of your health poppet; you've been through so much. Sending you lots of hugs to get well soon.

Thx for your PM; I've sent one back in reply. Keep in touch.

SarEl

Uncertain wrote: »

Interesting comment.....

Does this work both ways and what is the thinking behind it?

Yes, it does work both ways. The rationale behind this is that most things become less important over time and so the "loss" incurred by one party or the other by a breach of a compromise agreement is less "costly". For example, a reference from the employer becomes less of an issue. Or the fact that an employee may have told someone what a lousy employer they were isn't likely to cause a quantifibale loss to the former employer. Many CA's (and all the ones that I write) actually express this in relatively open terms - that the ability of the employer to claw back payment of the settlement reduces over time and eventually disappears. In fact this bit, the employer taking action against someone for breach, is the most common problem, because employers actually do tend (I said tend - not all of them!) to stick to their agreements and the most common breaches are by employees. Most employers couldn't give a damn if they do (provided the employee isn't stupid about it) but some stick to their guns and sue.

In practice, after 12 - 18 months courts will not enforce these gagging provisions unless the breach is very serious because it requires a quantifiable loss to be demonstrated, rather than simply a term in the agreement being breached. So unless you had a very high profile job and the termination was high profile, and the details of it are likely to impinge seriously on the employers reputation, then it isn't likley to be something the employer could enforce.

red_eye

joeypesci wrote: »

I'd see a solicitor. Where I use to work, if they were questioning you due to discipline you were allowed a person, ie manager to sit in with you for your defence. They shouldn't be questioning you without. Although not sure if that's just at my old place. Also sharing passwords I think goes against Information Governance at my old place so you couldn't be forced to share passwords. The IT Department should be able to reset your account to allow whoever access.

Sounds totally fishy to me and you should be able to take them to the cleaners.

yes you should of been told that you can have a representative with you at the interview and hearings.

I was dismissed for making a man out of damaged tights an work jumper. The fact that the same person ie the troll from HR was present at both disciplinary and dismissal I got my job back with 6 weeks free holiday pay:j my union rep was very helpful