Its a bleak bleak situation

Cornball

quizzicalsitch wrote: »

I am lucky I have other referees but a 5 yr employment gap is bad, people want past employment reference including the most important most recent employer. So I am in a difficult position there.

In your OP you said they only took over 2 years ago; what about your previous Manager at the company? As I said I successfully used my previous Manager rather than the last Manager I had. Just put the previous Manager on your CV to be contacted. If they ask why they no longer work for the company just note that they moved on recently.

It sounds like you have a fairly strong case for unfair dismissal. Were the appeal minutes signed by all parties? If what you are saying is true, your boss has dug a deep hole. Your solicitor should be able to outline all of this. I personally used a direct access barrister; it cost a lot but the end result made it worth it.

It's going to suck for a while though. Stay strong.

orangeslimes

quizzicalsitch wrote: »

Obviously i asked to see all the evidence of this, he refused saying it was his own choice whether he decided to show me the complaints against me (there are non).

You have the right to request copies of all information about yourself under the Data Protection Act - ask for it in writing with a tenner. If you have already requested it in writing and even if you didn't cite the Data Protection Act might be worth complaining to the ICO.

You might also be able to ask for information through a court order so I would take legal advice on whether that is the better option.

I wouldn't trust them though so keep copies of all the correspondence you have - if it reads how it sounds like it does from what you say you'll have a strong case, and he knows it but has no clue how to handle it so is trying intimidation.

especially when i realised they had been reading private emails that had been linked to my work computer regarding advice over a claim for unfair dismissal.

This is most likely also a breach of the Data Protection Act

If he does, does he need to have evidence to back up all of his claims against me. Only someone told me untruthful bad references can land an employer in court. Help someone. :eek::eek::eek:

He should have evidence and you might be able to take him to court if he says untruthful things. Probably best to try and get agreement at tribunal and also try and get other referees (colleagues?)

Is it a big company? Good luck - he sounds like a moron.

TrickyWicky

orangeslimes wrote: »

This is most likely also a breach of the Data Protection Act

Not if the op had the work computer setup for accessing their private emails.

Op next time use a netbook, smart phone etc. Never use a works machine for anything personal online.

quizzicalsitch

The minutes were not signed by both parties, their side didn't take any at all. My rep asked him why and he said it was straight forward, he knew why he was here, we all did, he didn't need notes to maintain his position. We were ejected before we could get anything from him.

Previous owner reference, the guy died last year. It's the reason he sold up the business. I don't even have a clue about the manager before me, I went straight in as assistant manager and within 5 months was acting manager. There are girls in the office who have worked with me for 5 years, but they are afraid of retribution if they provide any support so they want to keep their distance. It's such a shame.

orangeslimes

TrickyWicky wrote: »

Not if the op had the work computer setup for accessing their private emails.

Op next time use a netbook, smart phone etc. Never use a works machine for anything personal online.

No - it is likely to be a breach- just because personal information is on a work computer does not mean the employer has the right to go through it. Monitoring needs to be proportionate and employers are required to be open about what they are doing and why (unless for really good reason like suspicion of serious fraud)

There is guidance for employers in section 5 here: http://www.ico.org.uk/for_organisations/data_protection/topic_guides/~/media/documents/library/Data_Protection/Practical_application/quick_guide_to_the_employment_practices_code.pdf

quizzicalsitch

Hi all, update for everyone. The god like one saw fit to make me an offer, it's very low and after everything seems like a kick in the teeth. It was never about the money but a month's wage for all the stress and aggravation seems again like he's not taking it serious. Of course I have countered, I have asked 3 months and references to not include any derogatory comments. Am I doing the right thing here? Solicitor said she can't advise me on a figure but a good case could see me walk away with about 6 months wages. Do I settle, or should I press on with ET?

liney

No derogatory remarks? Reference reads Miss Y, Employed x to x, reason for leaving, dismissed.

Factual, and not derogatory, but the inference is there.

I'd want much better terms personally. He obviously knows he's in the wrong.

quizzicalsitch

In all honesty I don't know what to ask for, agreed ref is what I went with plus 3 months and a'll outstanding money (wages and holidays). Completely hate being in this situation, I hate being clueless.

Takeaway_Addict

quizzicalsitch wrote: »

In all honesty I don't know what to ask for, agreed ref is what I went with plus 3 months and a'll outstanding money (wages and holidays). Completely hate being in this situation, I hate being clueless.

Write your own reference and ask they accept it, don't inflate it but make it factual and concise avoiding how or why you left but what the basics of the role entailed.

pinkshoes

I would state firmly that you would like 3 months pay and then as suggested above, write your own reference and get them to sign it.

Make it very clear that anything less than this will result in you taking them to a tribunal for unfair dismissal using the sufficient evidence you have to prove your case.