Friend dismissed from work

geek84

Hi Folks

My friend recently got dismissed from work. It is quite a long story and will keep it as brief as possible, and I would most appreciate if you can just bear with me:

My friend started his office job in March 2008, and was interviewed by the HR officer and financial controller for this position. It was the FC who my friend reported to during his entire stay at the company.

My friend was put on a standard 3 month probation period at the start of his employment. After the 3 months were over, the FC decided to extend the probation period for another 3 months, by stating that my friend was not competent enough at his job to be given a permanent contract at that point in time. He eventually did pass his probation and was given a permanent contract in Septembert 2008.

The FC was happy with my friend's work performance for quite some time until towards the end of last year. The company started to make a loss and rumours started flying in October/November 2009 that the company may be taken over. The company was eventually taken over in mid February this year - 2 weeks before my friend was dismissed! At around that time, the FC started making remarks about my friend's work and the fact theat he was not happy with some aspects of it. He also demanded more work from my friend - more administration related work, which earlier on in the year the FC stated that my friend did not have to do ie. could get away without doing it - so perhaps the FC had something to hide.

Anyway, around December 2009, the FC stated that he has found a fundamental error in the work procedures carried out by my friend which has cost the company. During the Xmas holidays, my friend received a letter through the post from the FC inviting him to a meeting with the HR officer and the FC himself, to discuss my friend's work performance. The meeting took place in January this year and during the meeting the error was highlighted by the FC. My friend was put on a 3 month performance review and new targets agreed, during that meeting. These 3 months would have been up to March 2010. It was also agreed that weekly meetings would take place between the FC and my friend to discuss my friend's progress and whether or not these targets are met. These meeting did take place once a week, and in those meetings, my friend did highlight the fact that these targets were sometimes difficult to meet because of the low work load.

However, a month into the review, the FC said he had found a similar error to the work procedures that my friend was following, which again is costly to the company. He was given a letter by hand from the FC inviting him to a another meeting (to be held the following day), again with him and the HR officer. In the letter he was also told that he had the right to bring a union rep or work colleague. My friend chose to go to the meeting alone. In the meeting, this error was stated and the FC said that it has proved costly to the company yet again, and he has no choice but to dismiss him. After his dismissal, my friend did have 2 lots of wages payments from the employer - one at the end of February and the other at the end of March, including holiday pay due. So in effect, my friend was given a one month notice, although he left the premises of the employer on the same day he was dismissed.

I have 2 questions - My friend was dismissed just before being 2 years at the company. The timing looks a bit dubious. Also, my friend thinks the way he was dismissed was a bit unfair and preplanned. Can heu do anything about it - i.e. appeal against the decision? (althought it is now over 3 months)

Finally, would his dismissal prove to be a major factor in finding future employment? Although he has been applying for jobs since he was dismissed, he has not been invited to any interviews. If he does get to the interview stage, and gets asked the question why he left his previous job, what would he give as an answer - being dismissed due to poor work performance or try and damp it down by introducing some other reason(s). Also, what about references? If a prospective employer insists on a reference from this previous employer, would it be a bad reference - ie. dismissed from work?

Many thanks for reading this scenario and thanks for any advice given.

anamenottaken

geek84 wrote: »

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I have 2 questions - My friend was dismissed just before being 2 years at the company. The timing looks a bit dubious. Also, my friend thinks the way he was dismissed was a bit unfair and preplanned. Can heu do anything about it - i.e. appeal against the decision? (althought it is now over 3 months)

Finally, would his dismissal prove to be a major factor in finding future employment? Although he has been applying for jobs since he was dismissed, he has not been invited to any interviews. If he does get to the interview stage, and gets asked the question why he left his previous job, what would he give as an answer - being dismissed due to poor work performance or try and damp it down by introducing some other reason(s). Also, what about references? If a prospective employer insists on a reference from this previous employer, would it be a bad reference - ie. dismissed from work?

Time barred on the grievance/ET front, I fear.

What do his applications look like? Have you seen them? Would you invite your friend to an interview if you were selecting?

Is he applying for similar role as the one from which he was dismissed? If so, then being dismissed for not performing well would be rather negative wouldn't it? What other reasons do you see being used - downsizing of the company?

As his most recent job lasted for two years, then it is hard to see that he could avoid allowing a prospective employer seeking a reference for that time. What would be disclosed would, in part, depend on the questions asked. If I were an employer providing a reference for a former employee who had been dismissed for not performing to the standard required, then I would feel I owed a duty to the prospective employer to tell them of that fact.

Hammyman

I would say that they have gone through the disciplinary procedure correctly. They've had cause for reason, shown your friend it, given your friend more chances to come up to scratch and they haven't. It wasn't unfair and neither was it pre-planned. In fact, the company has gone way above what many have in examples posted on this board.

The question as to why they left is always a tricky one. Not getting interviews isn't necessarily indicitive of your friend doing anything wrong in the application stage at the moment because there are so many people chasing the same job.

Weirdlittleman

What where his errors?

I am afraid at first glance, the dismissal was probably legal, time barred for anything else and a dismissal will always look bad on a CV.

Broadwood

In addition to what has already been said, I would also suggest that during any disciplinary procedure it is wise to be accompanied at the very least by a friend or colleague and preferably by a union representative who will make sure that one's interests are safeguarded.

Going alone is not recommended.

Zazen999

So did he make the error or not?

Not that it matters; it looks like they tried to manage him up, but he didn't respond so they managed him out.

And nothing he can do; as the 3 months appeal time is over.

geek84

Hi Folks

Many thanks for your answers so far. Does this mean that if a prospective employer wants to cantact this previous employer for a reference, then this previous employer would give a bad reference - i.e. being dismissed because of poor work performance. If so, is there anyway round this problem in order to get at least a 'reasonable' reference?

Many Thasbnks

heretolearn_2

No, not really. The previous employer has a legal liability regarding references; it must be the factual and provable truth. The factual and provable reason for leaving was dismissal. It's up to them if they want to go into the reasons why.

geek84

Hi

Thanks for your response. So I guess the reference would be a major stumbling block for my friend to get a job in future?

Please advice.

jimbms

Why does the person who is dismissed never come on here, it always seems to be a friend.

But other than that it seems the company have made themselves bullit proof by finding these errors and instigating correct procedures, also they observed correct procedure and payed him his full notice whilst quite correctly putting him on gardening leave for the period, as for reference they are hardly going to say he was a model employee are they.