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sacked...

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Comments

  • bookmakers want cake and eat it. they could adopt think 25 or have someone on door to check everyone's id. they don't cos it would effect too many people that didn't have id and hit them in their pocket. also if staff were to actually adopt think 25 or id all strangers in order to protect themselves from failing these mystery visits they'd could be breaching policy guidelines and get disciplined anyway.
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    We only have the OP's word that the test purchaser appeared to be 24 - surely a test purchaser would have been chosen who looked under 21 when testing the establishment's adherence to the 'Think 21' policy??

    it would depend on who did the audit, as a lot of mystery shopping companies the audits are online and you apply so there is a technacility that the person could think they look under 21 whilst others wouldn't and they could pick the job up. Mystery shop results can be a minefield. I've been sides of the business and do know how much a 5/10minute m-shop can have on that business,
    xx rip dad... we had our ups and downs but we’re always be family xx
  • slim1690
    slim1690 Posts: 45 Forumite
    Turns out this came back to bite me on the !!!! as my ex employer did indeed provide a reference saying I'd been sacked for "gross misconduct" without any other explanation on there, so they've basically lumped me in with the thieves and fraudsters, as I failed to disclose it it's a breach of terms, so I'm unemployed again. I'd been in the new job 5 weeks, dunno why it took so long for them to go after the reference, shame as I was getting into the swing of it. Just wondering where I go from here, as my Employment Tribunal isn't until November. As always, advice is welcome and I'll try to answer questions and criticisms as best I can.
  • Torry_Quine
    Torry_Quine Posts: 18,884 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    slim1690 wrote: »
    Turns out this came back to bite me on the !!!! as my ex employer did indeed provide a reference saying I'd been sacked for "gross misconduct" without any other explanation on there, so they've basically lumped me in with the thieves and fraudsters, as I failed to disclose it it's a breach of terms, so I'm unemployed again. I'd been in the new job 5 weeks, dunno why it took so long for them to go after the reference, shame as I was getting into the swing of it. Just wondering where I go from here, as my Employment Tribunal isn't until November. As always, advice is welcome and I'll try to answer questions and criticisms as best I can.

    My advice is as before. Be honest when completing applications and at interview. That applies with JSA as well as they will contact the employer and if you haven't told them what happened any sanction could be longer.

    Hope that you get a new job soon but you may have to try another type of job.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    slim1690 wrote: »
    Turns out this came back to bite me on the !!!! as my ex employer did indeed provide a reference saying I'd been sacked for "gross misconduct" without any other explanation on there, so they've basically lumped me in with the thieves and fraudsters, as I failed to disclose it it's a breach of terms, so I'm unemployed again. I'd been in the new job 5 weeks, dunno why it took so long for them to go after the reference, shame as I was getting into the swing of it. Just wondering where I go from here, as my Employment Tribunal isn't until November. As always, advice is welcome and I'll try to answer questions and criticisms as best I can.


    Presumably you are getting legal advice regarding your tribunal?

    I would try, if at all possible, to reach a settlement before the tribunal as it should then be possible to agree a legally binding reference. This could be worth far more long tern than a few £K compensation (assuming you win).

    Even if you do win at an ET they cannot order the firm to provide a reference. They could simply refuse or still say you were dismissed glossing over the fact this was later ruled unfair.
  • ktothema
    ktothema Posts: 494 Forumite
    My advice is as before. Be honest when completing applications and at interview. That applies with JSA as well as they will contact the employer and if you haven't told them what happened any sanction could be longer.

    Hope that you get a new job soon but you may have to try another type of job.

    OP - I know you've said failing these audits is a big thing in your industry, but youre obviously not going to get anywhere hiding it if you want to continue in this industry. I'd be inclined to be upfront and honest about failing the audit, but put a positive spin on it by saying its taught you that your perception may not be as good as others so you would purposely apply think 25 regardless of whether theirs in think 21.
    Data protection is there for you, not for companies to hide behind
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    slim1690 wrote: »
    Turns out this came back to bite me on the !!!! as my ex employer did indeed provide a reference saying I'd been sacked for "gross misconduct" without any other explanation on there, so they've basically lumped me in with the thieves and fraudsters, as I failed to disclose it it's a breach of terms, so I'm unemployed again. I'd been in the new job 5 weeks, dunno why it took so long for them to go after the reference, shame as I was getting into the swing of it. Just wondering where I go from here, as my Employment Tribunal isn't until November. As always, advice is welcome and I'll try to answer questions and criticisms as best I can.

    Hate to say this, but your former employer did everything legally & above board with regards to your reference, you were sacked for gross misconduct - what did you expect them to put as a reference?!? As I'm sure I said before you need to be honest, admit that you were laid off but say it was for failure of a challenge 21 audit whereby you do not believe the test bet appeared to be under age - atleast then companies can see that you weren't sacked for being a "thief or fraudster".
    Retired member - fed up with the general tone of the place.
  • fleesaurus
    fleesaurus Posts: 46 Forumite
    Apply for jobs not requiring a reference. Claim a close relative was dying from a fatal but slowly progressing illness and needed you to be at home to take care of him/her. Or you can pretend you went travelling but make sure you don't pretend you travelled overseas in case they check your passport.

    Or you can say you were financially privileged in the past so didn't need to work, but now your financial status has changed so you're looking to get back into employment.

    Start making a list of jobs which won't ask for a reference and apply.
  • slim1690
    slim1690 Posts: 45 Forumite
    Uncertain wrote: »
    Presumably you are getting legal advice regarding your tribunal?

    I would try, if at all possible, to reach a settlement before the tribunal as it should then be possible to agree a legally binding reference. This could be worth far more long tern than a few £K compensation (assuming you win).

    Even if you do win at an ET they cannot order the firm to provide a reference. They could simply refuse or still say you were dismissed glossing over the fact this was later ruled unfair.

    haven't received any legal advice yet, but have been informed that ACAS will try to mediate, if I'm offered any settlement my number one requirement will be a reference, even if it means dropping my compensation demands. For now I'm applying for temporary work positions that only last a few days at a time, just to tide me over.
  • slim1690
    slim1690 Posts: 45 Forumite
    bluenoseam wrote: »
    Hate to say this, but your former employer did everything legally & above board with regards to your reference, you were sacked for gross misconduct - what did you expect them to put as a reference?!? As I'm sure I said before you need to be honest, admit that you were laid off but say it was for failure of a challenge 21 audit whereby you do not believe the test bet appeared to be under age - atleast then companies can see that you weren't sacked for being a "thief or fraudster".

    I'm more annoyed that I got sacked for one audit failure when there are people who've failed three or four who haven't been sacked. Hence the unfair dismissal claim.
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