Employment rights

Sam-Barr

I got paid off 2 weeks ago for Gross Misconduct, got offered a new job subject to disclosure and reference. My previous boss had to be a referee. He said in the reference that i was dismissed on grounds of Gross Misconduct and as such my new job offer has been withdrawn.

Is he supposed to disclose that? Reason i was paid off was for bringing the company into disrepute and attempting to aid a competitor when realistically all i said was i prefer to use a Skoda garage over Arnold Clark

I was suspended with pay till the meeting, but i couldn't make the first meeting as i had been called to England as a very close personal friend passed away and they aren't paying me for that week! So i need to take them to a tribunual anyways to get that money so i wanna know where i stand in terms of the reference and dismissal disclosure before going anywhere

Going to CAB tomorrow and gonna phone ACAS too but i would prefer to possibly try seeing an Employment Lawyer too for the best advice

viktory

If you were dismissed on the grounds of gross misconduct, then yes, your previous employer has given an honest reference which is perfectly legal. Have you appealed the dismissal? I *think* you have to appeal before you can take action at a tribunal. Finally, why would they pay you for time that you are not at work? Was it annual leave, previously agreed by your employers?

Sam-Barr

I thought they had to give a good reference or nothing at all? So i guess the word "good" used there should be actually be honest.

Cheers.

Sambucus_Nigra

Sam-Barr wrote: »

I got paid off 2 weeks ago for Gross Misconduct, got offered a new job subject to disclosure and reference. My previous boss had to be a referee. He said in the reference that i was dismissed on grounds of Gross Misconduct and as such my new job offer has been withdrawn.

Is he supposed to disclose that? Reason i was paid off was for bringing the company into disrepute and attempting to aid a competitor when realistically all i said was i prefer to use a Skoda garage over Arnold Clark

I was suspended with pay till the meeting, but i couldn't make the first meeting as i had been called to England as a very close personal friend passed away and they aren't paying me for that week! So i need to take them to a tribunual anyways to get that money so i wanna know where i stand in terms of the reference and dismissal disclosure before going anywhere

Going to CAB tomorrow and gonna phone ACAS too but i would prefer to possibly try seeing an Employment Lawyer too for the best advice

He told the truth. I'm not sure what else he could have done.

surreysaver

Sam-Barr wrote: »

I thought they had to give a good reference or nothing at all? So i guess the word "good" used there should be actually be honest.

"Good" as in truthful, rather than "bad" as in lies...

Sambucus_Nigra

Sam-Barr wrote: »

I thought they had to give a good reference or nothing at all? So i guess the word "good" used there should be actually be honest.

Cheers.

Sorry - you are wrong.

What makes you think an employer had to give a 'good' reference?

Sam-Barr

Cos that what everyone tells me. I didn't know any better

Sam-Barr

Soz am just pee'd off, When I was discussing the Skoda garage it was with a mate who has entered the premises. I'm upset that ear-wigging colleagues have left me in this position of unemployment

Vader123

Sam-Barr wrote: »

Cos that what everyone tells me. I didn't know any better

Don't listen to everyone.

A reference can be "good" or "bad" as long as its truthful and honest.

Vader

SarEl

Sam-Barr wrote: »

Soz am just pee'd off, When I was discussing the Skoda garage it was with a mate who has entered the premises. I'm upset that ear-wigging colleagues have left me in this position of unemployment

No - you left yourself in this position of unemployment. Are you seriously stupid enough to think your employer would be happy to have you slagging their services off on their premises?

Sam-Barr wrote: »

I got paid off [sacked] 2 weeks ago for Gross Misconduct, got offered a new job subject to disclosure and reference. My previous boss had to be a referee. He said in the reference that i was dismissed on grounds of Gross Misconduct [which was true - did you forget to tell the potential new employer this?] and as such my new job offer has been withdrawn.

Is he supposed to disclose that? Yes. Reason i was paid off [not paid off - sacked] was for bringing the company into disrepute and attempting to aid a competitor when realistically all i said was i prefer to use a Skoda garage over Arnold Clark Ermm - and that is what you did! Realistically. This is the sort of conversation you have in the pub on a Friday night - after checking nobody who works with you is in the same pub.

I was suspended with pay till the meeting, but i couldn't make the first meeting as i had been called to England as a very close personal friend passed away and they aren't paying me for that week! So i need to take them to a tribunual anyways to get that money [not a cat in hells chance - you have no right to pay for this] so i wanna know where i stand in terms of the reference and dismissal disclosure before going anywhere [also not a cat in hell's chance]

Going to CAB tomorrow and gonna phone ACAS too but i would prefer to possibly try seeing an Employment Lawyer too for the best advice [you just got one!]

You are being totally unrealistic about this. You cannot seriously expect an employer to be really impressed by you slagging off what you are employed to sell on their premises and during working hours. The employer told the truth in the reference - you were sacked for gross misconduct. Therefore it is not actionable (not that a tribunal has any power over references anyway). What you did was foolish in the extreme. But you knew that you would need a reference from the employer - what on earth was the point in lying to the potential new employer? People can do stupid things and get sacked - and a lot worse things. BUt honesty is the first thing that employers look for, and if you start off lying to them then you have no chance. OK - getting sacked isn't a great recommendation. But if you explain the circumstances someone might give you a chance - especially if you learn from the mistake you made.