Going to Employment Tribunal- can it backfire on you ?

mestalla_2

The reason I ask is because you may feel aggrieved at the time of being made redundant and think the way to get back at your ex employer is to take it to a tribunal.

This may mean short term financial gain should you feel you have not been recompensed adequately or unfairly dismissed.

However, how can it affect you in the long term, can future employers find out if you have gone to Tribunal ? In some sectors it can be a small world and word may get around that you may be too much trouble or am I being paranoid ?

I have always been told to leave your previous employment as amicably as possible, but surely not at the expense of them walking all over you ?

Googlewhacker

that is the decision you have to make, if the company don't settle then you won't get a referance which if you are taking a company that you worked for for a few years to a tribunal which then leaves a big hole in your employment records.

mestalla_2

That is a fair point and it would be a bit strange if your new employer asked for a reference and you did not give your last employer.

However, aren't most people shxt scared of giving a bad reference should they sue you ? Isn't it almost unheard of to give a negative one however incompetent you were

Googlewhacker

mestalla wrote: »

That is a fair point and it would be a bit strange if your new employer asked for a reference and you did not give your last employer.

However, aren't most people shxt scared of giving a bad reference should they sue you ? Isn't it almost unheard of to give a negative one however incompetent you were

Quite true but if I asked for a referance and the previous employer refused then it would be highly likely I would not employ that person because whether or not that person was at fault its not worth my hassle in the current climate.

It is about minimising the risk of employment, its not perfect and I may miss a good candidate but also I will miss alot of trouble as well.

mestalla_2

Absolutely, a refusal to give a reference is legal (I assume) and will be interpreted as being negative.

However, aren't a lot of requests for references sent after you have been offered/started your new employment ?

Googlewhacker

mestalla wrote: »

Absolutely, a refusal to give a reference is legal (I assume) and will be interpreted as being negative.

However, aren't a lot of requests for references sent after you have been offered/started your new employment ?

It is legal, you cannot force a company to provide a referance thankfully so at least a company has some sort of retribution against malicious claims.

And if I employed someone and their referance was not forthcoming from their previous employer then I would dismiss them asap.

mestalla_2

Googlewhacker wrote: »

It is legal, you cannot force a company to provide a referance thankfully so at least a company has some sort of retribution against malicious claims.

And if I employed someone and their referance was not forthcoming from their previous employer then I would dismiss them asap.

Seems a bit harsh, what if they seem competent and you have invested not only time but money in their recruitment ?

getmore4less

mestalla wrote: »

Absolutely, a refusal to give a reference is legal (I assume) and will be interpreted as being negative.

However, aren't a lot of requests for references sent after you have been offered/started your new employment ?

A mistake many make.

Do not accept a conditional offer.

Googlewhacker

mestalla wrote: »

Seems a bit harsh, what if they seem competent and you have invested not only time but money in their recruitment ?

To be fair I wouldn't employ without referances anyway and it is a bit harsh but as mentioned when employing its about minimising the risk to the company and it depends on what the job is, if it is NMW or just above then you can be more harsh as there are plenty of other people to take their place, if it is a high paid job then to be fair you would be silly to hire someone without referances.

mestalla_2

getmore4less wrote: »

A mistake many make.

Do not accept a conditional offer.

Excuse me being dense- are you saying a mistake many employers make ?

Are you also saying do not accept a job offer which is conditional on satisfactory references been obtained ?

Emmzi

I never hand in my notice unless I have an unconditional offer.