Advice for friend (employer lied about his leaving)

mattw7

Need some advice for a rather difficult situation my friend finds themselves in.

Basically they were doing a 1 month temporary work trial position in a warehouse, picking orders, dispatch etc. Anyway my friend had made a few errors on occassions and it led to a bit of a argument bit of an argument between the boss and my friend and he told him that he didn't really want to work there anymore as he hated the job and wasn't really that bothered about making the mistakes, basically he wouldn't back down or apologise. This was a day before his contract was due to finish.

Anyway, he was told to leave the company and to get off his premises, in effect he had been sacked but without any warning or dismissal notice.

He made a claim for JSA the following week, basically not going into any detail of how or why he'd left, other than that his contract had finished. Last week however he received a communication from the JC asking for further detail on why the job ended. Basically they have contacted his former employer who is saying that he didn't turn up for work for two weeks and lying about how the job ended!
Knowing that he hasn't got any proof and despite telling the JC of what happened he is now worried that they will side with the employer and could now face a sanction for potentially 6 months.

What advice can you give as I'd hate to see someone treated like this only to end up without money because of a rogue employer?

LadyMissA

mattw7 wrote: »

Need some advice for a rather difficult situation my friend finds themselves in.

Basically they were doing a 1 month temporary work trial position in a warehouse, picking orders, dispatch etc. Anyway my friend had made a few errors on occassions and it led to a bit of a argument bit of an argument between the boss and my friend and he told him that he didn't really want to work there anymore as he hated the job and wasn't really that bothered about making the mistakes, basically he wouldn't back down or apologise. This was a day before his contract was due to finish.

Anyway, he was told to leave the company and to get off his premises, in effect he had been sacked but without any warning or dismissal notice.

He made a claim for JSA the following week, basically not going into any detail of how or why he'd left, other than that his contract had finished. Last week however he received a communication from the JC asking for further detail on why the job ended. Basically they have contacted his former employer who is saying that he didn't turn up for work for two weeks and lying about how the job ended!
Knowing that he hasn't got any proof and despite telling the JC of what happened he is now worried that they will side with the employer and could now face a sanction for potentially 6 months.

What advice can you give as I'd hate to see someone treated like this only to end up without money because of a rogue employer?

he has proof is he has pay slips covering the time he was NOT in work when the company say he wasn't there?
Also the right of appeal

mattw7

The trouble is the company didn't pay his last week of wages (worked a week in hand, paid weekly), didn't receive his P45 until a week after leaving so it basically looks like he was supposed to be working there, the dates make it look as though he was still employed basically. It looks like a deliberate attempt to make it look like he left the job of his own accord to get him sanctioned!

LadyMissA

mattw7 wrote: »

The trouble is the company didn't pay his last week of wages (worked a week in hand, paid weekly), didn't receive his P45 until a week after leaving so it basically looks like he was supposed to be working there, the dates make it look as though he was still employed basically. It looks like a deliberate attempt to make it look like he left the job of his own accord to get him sanctioned!

the p45 will say ammount earnt in this employment and the date the company have him down as leaving? IF they are falsifying his p45 they can get into trouble. Did he clock in?

I would suggest he contacts the job for his final salary and see what they say

mattw7

LadyMissA wrote: »

the p45 will say ammount earnt in this employement and the date the company have him down as leaving? IF they are falsifying his p45 they can get into trouble. Did he clock in?

Haven't actually seen his P45, he has a habit of chucking stuff away, fortunately told him he must keep hold of it so when I next see him I'll have a look and see if it tallies up. He didn't clock in as it was only a small family business with 2 other people employed there.

The trouble that I see coming out of this is that it was a temporary contract which although wasn't signed, had the potential to be increased upon performance. Knowing how the JC seem to be targetting people for sanctions, they are likely to issue one because they will side with the employer whatever they tell them. Obviously there is an appeal but that could take months and this close to Xmas it would be a very difficult time to go through.

LadyMissA

mattw7 wrote: »

Haven't actually seen his P45, he has a habit of chucking stuff away, fortunately told him he must keep hold of it so when I next see him I'll have a look and see if it tallies up. He didn't clock in as it was only a small family business with 2 other people employed there.

The trouble that I see coming out of this is that it was a temporary contract which although wasn't signed, had the potential to be increased upon performance. Knowing how the JC seem to be targetting people for sanctions, they are likely to issue one because they will side with the employer whatever they tell them. Obviously there is an appeal but that could take months and this close to Xmas it would be a very difficult time to go through.

well without an appeal he wont get anything so if they say he is sanctioned that's the only route unless you can prove the company are lying.

mattw7

LadyMissA wrote: »

well without an appeal he wont get anything so if they say he is sanctioned that's the only route unless you can prove the company are lying.

This is what I'm worried about, the company are already on good terms with the J/C as they have taken on people on these W/E placements so naturally it looks as though they will side with the employer. I usually never condone threatening or physical behaviour but in the case of this employer I can see myself taking sturn action as people like this should not be allowed to get away with such a nasty trick.

SarEl

mattw7 wrote: »

I'd hate to see someone treated like this only to end up without money because of a rogue employer?

In what way was the employer a "rogue employer"? It's all rather moot isn't it? Your friend had a job - he hated it and didn't care whether he made mistakes or not. The employer obviously did care about whether he made mistakes or not, and when he attempted to improve your friends performance, your friend argued with him and told him he didn't care about the job or the mistakes. hence he was dismissed.

Work trial / temporary or not, I cannot think of a more clear defi8nition of "intentionally jobless". So it is rather moot what the employer says - didn't turn up or sacked - he lost his job through his own actions. And after not quite a month into the job, disciplinary hearings and appeals are also moot.

So what if he hated the job. Lots of people hate their jobs, but they still have to do them and they have to pay taxes for people who seem to be under the impression that JSA is a choice and not a safety net.

mountainofdebt

SarEl wrote: »

In what way was the employer a "rogue employer"? It's all rather moot isn't it? Your friend had a job - he hated it and didn't care whether he made mistakes or not. The employer obviously did care about whether he made mistakes or not, and when he attempted to improve your friends performance, your friend argued with him and told him he didn't care about the job or the mistakes. hence he was dismissed.

Work trial / temporary or not, I cannot think of a more clear defi8nition of "intentionally jobless". So it is rather moot what the employer says - didn't turn up or sacked - he lost his job through his own actions. And after not quite a month into the job, disciplinary hearings and appeals are also moot.

So what if he hated the job. Lots of people hate their jobs, but they still have to do them and they have to pay taxes for people who seem to be under the impression that JSA is a choice and not a safety net.

I totally agree with every word you've written SarEl.

Sambucus_Nigra

mattw7 wrote: »

he has a habit of chucking stuff away,

...like a job for instance?

Perhaps he will use this as a learning curve and try a little bit harder next time.

mattw7

SarEl wrote: »

In what way was the employer a "rogue employer"? It's all rather moot isn't it? Your friend had a job - he hated it and didn't care whether he made mistakes or not. The employer obviously did care about whether he made mistakes or not, and when he attempted to improve your friends performance, your friend argued with him and told him he didn't care about the job or the mistakes. hence he was dismissed.

Work trial / temporary or not, I cannot think of a more clear defi8nition of "intentionally jobless". So it is rather moot what the employer says - didn't turn up or sacked - he lost his job through his own actions. And after not quite a month into the job, disciplinary hearings and appeals are also moot.

So what if he hated the job. Lots of people hate their jobs, but they still have to do them and they have to pay taxes for people who seem to be under the impression that JSA is a choice and not a safety net.

He was hardly trying to get out of the job given the fact that his contract was due to finish at the end of that week anyway, what has he got to gain from that!

The reason I said the employer was rogue was because of the underhand trick he has used by saying my mate didn't turn up to work for 2 weeks, if that isn't the action of someone who is a liar and a cheat then I don't know what is. But yeah of course my friend is clearly the only one wrong in your eyes so therefore you are biased towards the employer and probably condone their action.

Sorry but as you don't know the full details I don't see how anything of the last 3 comments are relevant here. Yes my mate could have possibly done more in the job but as it was only a temporary contract and the employer from all I've heard is a right one to work for, 2 other people have actually walked out in the last 2 months, doesn't that tell you something!