Current Employer Requesting Details of Termination from 2nd job

lucylou32

LittleVoice wrote: »

It's not illegal to ask for information but they have no legal right to insist they receive it.

Though there was no need for him to have said why he wasn't working for the other employer any longer, how did he phrase telling them? What level of person is asking to see the documents?

His manager wanted him to come in for a staff meeting, asked him if he could make it and he said yes, then volunteered that he would be free because he'd been dismissed from the other job, his manager asked why, he volunteered it was for not wearing protective headgear.

His manager told HR who than asked to see the meeting minutes of his dismissal etc he feels like he can't refuse without being seen as 'hiding' something, but is wondering, if they might be able to somehow use it against him.. even though this job doesn't require protective headgear.

p.s thats for all the help so far everyone

Sambucus_Nigra

He can just keep forgetting though.

Personally, I'd tell them that unless they referenced some legislation that stated documentation pertaining to one job absolutely had to be offered up in another job, then the paperwork would remain private and confidential.

theoretica

Does he even have the meeting minutes?

lucylou32

theoretica wrote: »

Does he even have the meeting minutes?

He did.. but after a couple of weeks, he didn't think he'd need them anymore, so shredded them lol we told him, to say he doesn't have any other documents.. but he has Aspergers and one of the symptoms is the inability to lie

Sambucus_Nigra

Then shred them all.

zzzLazyDaisy

I know you haven't asked this, but if he was employed by the second employer before April 2012, and worked there for more than 12 months, he may have a claim for unfair dismissal. It is impossible to say on the information you have provided so far, but if you wish to explore this further come back and talk to us about it.

With regard to the current employer. I cannot imagine why they wish to see this documentation - apart from the fact that it was probably a gross misconduct dismissal and they possibly wish to satisfy themselves that it wasn't for (say) stealing or assault, or some other circumstance that could possibly indicate that he is a potential risk in his current employment (I am not saying their actions are right, just guessing at what their motivation might be).

His current employer certainly cannot discipline or dismiss him for failing to wear protective gear in his other job, without falling foul of employment protection legislation.

However, I know how difficult it can be for a person with aspergers to confront someone in authority, or to be anything other than straightforward in their approach to situations. For that reason I would suggest a pragmatic approach. Dispose of all the documents except the letter confirming his dismissal (assuming that the letter makes the reason for dismissal clear and leaves no room for doubt). Don't ask him to do it, as he would probably admit to that if asked and get himself in deeper water, just make sure the documents 'get lost'. Assuming the dismissal letter is clear about the reason for dismissal, he can just hand that letter in and say, truthfully, that he doesn't have any other documents and, if pressed, doesn't know where they are/can't find them.

This should satisfy the current employer and avoid him getting into unwanted confrontation, or being 'economical with the truth' which may be difficult/impossible for someone with aspergers (in my experience).

Dx

Acc72

My first thoughts were - it is nothing to do with them, so don't tell / give them anything.

However, as he has already told them that he was dismissed from this other job they may want to check the reason for the dismissal - eg. for all they know it could be due to breach of trust / stealing ?

They still have no right to see this information, but in the meantime they may think that he could be a thief for example ?

He needs to ask his manager / HR what they want and why they want it.

Although not legally obliged, he may be better of to provide this info to close this issue ?

getmore4less

he also needs to check with the employer that dismissed, which documents would be considered confidential.

zzzLazyDaisy

getmore4less wrote: »

he also needs to check with the employer that dismissed, which documents would be considered confidential.

Any documents that have been provided to him by his former employer relating to the disciplinary or dismissal are his to do with as he wishes. The reason for this is that the DPA entitles him to a full copy of his personnel file held by the former employer (which would include these documents) and the employer cannot attach confidentiality conditions to their release to him.

colino

I think you may be going off on a tangent here. The employee has volunteered that they have been dismissed (rightly) for failing to comply with safety at work conditions not wearing appropriately supplied personal protection equipment. They want that properly formalised, otherwise, knowing his previous hsitory, they could let themselves and their insurance company liable for a future claim.
Be honest and open or they will smell a rat and fire before their rules are disregarded too.