Dismissed on sick leave due to false allegations

mqandy

I remember hearing once that it was proposed making it illegal to ban discussion of salary. It was meant to help prevent discrimination and pay differences.

Not sure if it ever became law, or remained feminist fantasy!

An alternative to your tribunal, write to your old employer, stating that you will drop all proceedings against them in return for them reversing their allegations and providing you with a good reference -- and if they refuse, you've got a crack legal team behind you and will take them to the cleaners...

Might save you some more stress.

Sorry to hear about the case, and I fully agree with you about the recruitment agencies - all slime!

dismayed2

Hi boopopps,
Good to hear you’ve had some interviews. Fingers crossed you’ll get the job and you can move on from this horrible situation. I’ve certainly learned lots from my experience and will take precautions to protect myself from it happening again. Take care of your health - sounds like you're suffering. Treat yourself kindly.

hairy_g

boopopps wrote: »

Thanks. I think I will call the nice one I was obtaining advice from in the first place, let her see the documentation and see what her thoughts are.

My ex-employers are already bad mouthing me in references. Agencies have told me they are doing me no favours what so ever and with their reference alone, I will struggle to get another job. They have said that my time keeping, attitude etc are all poor, yet I have never been late. I only live 5 mins away and in fact arrived half an hour before start time everyday. Whats more, we had a clocking in machine. Most senior staff refused to clock in and out like shop floor people, however I never had issues with it and always used it without fail, the HR manager who has accussed me of this, arrived the same time every morning as me as she would always pass some comment.

I hope these guys receive the same treatment some day.

You need to find out exactly what thay are saying. Can you get access to any of the references they have issued?, if they had a clocking in machine, then I think that they still should have a record of your timekeeping. Tell (don't ask) your solicitors to get access to your personel file. again, if you were a bad timekeeper etc, it should all be in there.

Just found this, hope it helps:
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

boopopps

Thanks for all your help and comments guys. The following months until tribunal are not going to be easy and the actual tribunal itself will really be an ordeal for me for sure, nut someone needs to put a stop to this group of people in my old work place, as in the last 12 months alone I have known them ruin at least 4 other peoples lives as well as my own. The thing is, it is these indivisuals themselves who are using corrupt and illegal practices in the work place. I hope with all my heart that this comes to an abrupt end for them, so that they can no longer make peoples lives hell.

Good news anyway, I have landed me a contract maternity cover role until the end of December. At least I do not have to worry about losing my home now for the next 7 months. I am glad there are some kind honest people out there who do not believe all the lies that have been told about me. I have never had a bad word said against me, before these evil people started their latest campaign, with this in mind and hopefully a good reference with my new employer, my reputation will be restored for the future.

I will be eternally grateful for this chance. All those people out there who have been wrongfully accused and dismissed, there is still hope. Keep at it. Best advice is to be honest from the on set with prospective employers, they will appreciate it and at least you will never have to live in fear of being found out.

dismayed2

Wey-hey! Way to go! :j:j:j
Good to hear you've landed a job. :beer:

Sadly, there is nothing to stop people making false allegations against their work colleagues, and if they get enough people on-side, for the "balance of probabilities" to tip in thier favour. I was shocked to go from hero to zero in a day after years of high praise. I fear things won't change until employment law changes to the higher "proof beyond doubt" of the criminal court.

Good luck with your ET, but don't let it exhaust you. If it gets too much, let it go. Your health is worth so much more.

WeakHeart

lynzpower wrote: »

Yes, damages can be paid for distress.

Not for unfair dismissal cases. In discrimination cases you can claim for injury to feelings and also negative affect on health.

Boopopps delighted to hear you have secured work, well done.

boopopps

Thanks dismayed2. I was highly praised before going sick and had a good appraisal, in fact I have a letter saying so, and whilst others did not get a payrise I did, another reason why this probably all kicked off.

I wish I did not have to go to tribunal I really don't think I have the mental state for it, but I have to fight it otherwise people will just think I am guilty. I believe that the balance of probabilities theory is out of order, lives are ruined based on this principle.

I hope you get sorted soon too dismayed2. Keep us upto date with your case.

Thanks WeakHeart too!

WeakHeart

Remember that using balance of probabilities can work in your favour too!

lynzpower

hairy_g wrote: »

You need to find out exactly what thay are saying. Can you get access to any of the references they have issued?, if they had a clocking in machine, then I think that they still should have a record of your timekeeping. Tell (don't ask) your solicitors to get access to your personel file. again, if you were a bad timekeeper etc, it should all be in there.

Just found this, hope it helps:
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/references_v1.0_final.pdf

A good way to do this might be to get a freind to phone them and say they are considering offering you a job, what is their reference?

As far as I know there is nothing stopping this?


Ooops just seen you have got a job !! well done! thats great!!

boopopps

Just to update, job is going well. The only downside is the 46 miles of travelling a day, though it is virtually all through the beautiful countryside which makes it a little easier.

To all people unfairly dismissed, there is hope and though it is hard, stay positive, there are decent people out there who are willing to listen and take you on and give you a chance.

Being with my new employer has reinforced to me just how much my former employer are at fault for everything that happened. My new employer have all the security and data protection procedures in place, provide private work space and working conditions and do not force anyone to share passwords as they have sufficient licences to allow people to have their own log on to systems. My new employer is not a quarter of the size of the large organisation I previously worked for, but are 100 times more professional and better to their staff.

Good luck to everyone who find themselves dismissed unfairly, things will right themselves soon I'm sure.