Dismissed on sick leave due to false allegations

dismayed2

Hi Boopopps, I’ve just been catching up with your recent posts – what twists and turns. As the old clich! goes: as one door closes another opens; it’s a pity the corridor between is so emotionally draining. Good luck with the interview on Wednesday.

boopopps

Thanks dismayed2, interview went well and I got down to the last 2 however missed out on the fact the other individual had 6 years continuous experience in this aspect. Am gutted. It was only for 3 months but involved working away 3 out of 5 days a week which I would have loved. Gets you out and about meeting new people. Did it for 12 weeks once and was fab. With a group of 12 then and we lived it up, all expenses paid. Was still hard work tho! ;-)

Another 2 roles have fell flat on their face for me today due to the public sector issues. In all its been a very bad day. I am now getting desperate to get back to work. Not only can I afford to be out much longer financially, but also mentally. I need to and love to work.

All my tribunal documents have been submitted, am waiting on response from my ex-employer now.

How are you getting on?

dismayed2

Hi Boo, sorry to hear you had no luck on the interviews. On a positive note, I guess you are proving there is life after dismissal in getting interviews. Fingers crossed, something will come right for you soon.

For myself, I was offered “resign or be fired”. The balance of probability was against me, even though I was telling the truth, I had no means of proving it. It hurt to walk away – feels like they won, but at least my reference will say "resigned" rather than "dismissed".

Fortunately I have some financial security, but I'm finding it hard to pick myself up and find another job. I’m not sure how I can ever trust work colleagues again.

dismayed2

Boo, I just came across this website: witnessbox[dot]co[dot]uk. Not sure if it will be of any help to you.

Also this may be of use: etclaims[dot]co[dot]uk. The book is a good read too. Very straightforward.

dickydonkin

boopopps wrote: »

Thanks for this little chesnut, this is just what I have been wanting to know whether I can access.

The following is an excellent template for a subject access request that can be submitted to your former employer for the documents you require.

You could also use this to obtain the references sent out by the employer, but as I mentioned in my earlier thread, you will not be able to request the references isued from your former employer but the recipients will be able to provide you with them via a SAR if they will not do it willingly.

This was posted on another thread by Advocatus and I hope he does not mind me copying it for the benefit of this thread.

Dear Sirs

Data subject access request under the Data Protection Act 1998

I am writing to make a data subject access request pursuant to section 7 of the Data Protection Act 1998.
[I am employed OR Until [DATE], I was employed] by [NAME OF EMPLOYER] as a [POSITION] in its [DEPARTMENT OR DIVISION]. As my employer and a data controller, [NAME OF EMPLOYER] [holds and processes OR held and processed] personal data of which I am the subject.

SCOPE OF MY REQUEST
[This is a general request that relates to any personal data processed by or on behalf of [NAME OF EMPLOYER]. To help you comply with the request, you should know that it is likely that personal data is held relating to the following matters:
OR
Although [NAME OF EMPLOYER] [processes OR processed] a wide range of personal data about me, this request is confined to data concerning:]

• The decision to [SUBJECT MATTER].
• The appointment of [NAME] and the requirement that I [SUBJECT MATTER].
• Allegations about [SUBJECT MATTER].

LOCATING THE PERSONAL DATA

I envisage that a number of individuals may process personal data on the above. Some of the data processed will be held in the form of sent and received e-mails and word-processed documents. Presumably these can be identified through the use of search tools.
In relation to e-mails, you may limit the search to e-mails between [NAMES] during the period [DATES]. However, in relation to [SUBJEC MATTER] please ask [NAMES] whether either is aware of others who are likely to have exchanged e-mails containing personal data about me. If so, please search the e-mails of anyone that either of them identifies as well as those individuals mentioned above.

VARIANT EXPRESSIONS OF MY NAME
My full name is spelled [NAME]. However, I have found people using a number of variant spellings including [VARIATIONS]. I am also referred to as [NICKNAMES]. This may be helpful, particularly when searching e-mail records.

INFORMATION TO SUPPLY
Once you have identified personal data within the scope of this request, please provide a copy of the information constituting personal data and also:



Provide a description of the data.

• Explain the purposes for which the data is processed.
• Identify the source or sources of the data.
• Set out to whom the data has been disclosed or may be disclosed.

FEE AND AUTHORISATION

I enclose a cheque for £10 in respect of the maximum prescribed fee together with a copy of my driving licence and passport to confirm my identity.
I look forward to hearing from you in relation to the above within the statutory time limit of 40 days.


Yours sincerely
[NAME]

Hope it helps!

boopopps

Thanks dpassmore I will try this!

boopopps

Hi dismayed2

Thanks for those sites, I will take a look.

Sorry things did not work out in your favour at work. Its like me, I was telling the truth, but had no way of proving so when two people decided to lie against me.

I'm not going to lie to you and say it's easy because it is far from it, but you will find another job and there are people out there who will believe you and give you another chance. I have had a bumper week this week, my phone has been red hot. I have had three interviews with great feedback, the final one is dead keen on me but has to get it checked out with the FD due to my dismissal, before confirming the offer. The manager likes me, her manager likes me and so do the other team members and they think I have all the skills. Fingers crossed they can persuade the FD.

You will find another job, one that is better and where you are appreciated.

As for the tribunal, ACAS are now involved and trying to mediate between my ex-employer and my solicitor. My employer will not back down I am sure, and I will not drop the case. I imagine it will be a waste of their time.

Good luck to you. Keep us updated how you are progressing. x

dismayed2

Thanks Boo, I’m touched by your kind words.

I know I need to move on, but I guess I need time to heal too. I’m nervous about interviews and how to explain what happened. People will either understand (given their own experience of my former employer) or look incredulous that such a thing could happen. Perhaps I should mention a few notable cases of miscarriage of justice to emphasis the point!

I have come across a job that I really want, and am filling in the application form. I tentatively asked a former colleague if they would give me a character reference to augment the vanilla reference I’ll now receive. They said “yes” immediately. That gave me a huge boost. I also have copies of my past four year’s appraisals – all rated highly effective. I'm hopeful of getting another job, but it's a question of time.

Take care and keep in touch.

boopopps

There you go then, fill in the form and I'm sure you'll be pleasantly surprised. You have not been dismissed unlike me. As such you and your employer have had proffesional differences and this as been resolved to some extent in a compromise. That reference the employer is writing for you should be fair and if it is unreasonable I would complain.

As for me, I have landed a new role again. Last week was so busy and I actually had people desperate to take me on. I had to tell two agencies to tell their clients I was now off the market this morning and they were disappointed. There are some people who look down on you and give you a hard time, but there are some real honest,kind hearted people. I am lucky to have come accross a lovely team of people at my new place and all were so keen for me to join. We hit it off great in the interview. Unlike my last role the job is permanently vacant, it is not a maternity cover, so I should not receive the negative attitude for fear of taking the other persons job.

Fingers crossed for you, so hope you get the job of your dreams. For every wrong done there is a right, our time to shine is yet to come.

dismayed2

Thanks again Boo. Good to hear you’ve landed another job. :T
Well done!