Unfair Dismissal?

Stuart0000x

Hi,


Last Monday I was dismissed. I had worked at my last employment as an admin assistant since last February, and up until last Monday I had had a clean record. The reason they dismissed me was on grounds of lying to my managers.


On Monday the managing director was contacted by a job agency in order to obtain a reference from them on my behalf for other jobs. I was unaware of this occurrence. At 1, Chris, the sale director, told me in a meeting room of this occurrence, and has asked me to explain myself. I was bewildered by this occurrence, and denied to him that I was looking for jobs. I even pointed out to him that if I was looking for jobs, I wouldn't hand the contact details of my current employers to them. He asked me that if he contacted this person back, and got a description off them, it wouldn't match me. I said yes.


Half an hour later Chris called me back with someone from HR, and told me that he contacted the person, and that I had lied to him. He said that because of this, I was being dismissed because they wouldn't have someone in their company who they couldn't trust. I asked for the description the person gave, and that it was a white guy, with dark hair, with glasses (my appearance).


He made mention that the previous Thursday I had called in sick, and that I had used that to go out and look for other jobs, which is what is written in the formal dismissal letter I got from Chris. Now I was ill on Wednesday, Thursday, and Friday, and I did take Thursday off as I felt quite unwell. The only thing I confess to is not being completely bed bound, as I went at point in the day to get some fresh air, by going to my local supermarket.


I was to be immediately removed from my station and out of the office. I did that without argument or causing a scene, and left amiably. When I got home, I checked my e-mails and had realised that the job agency in question was one that I had contacted a month or so ago, in regards to getting part time weekend work or voluntary work to pass the time away, and I had indeed forwarded my employer's contact details.


I have since decided that I would go to the Citizens Advice Bureau in order to ascertain whether or not I was unfairly dismissed? I had not done anything wrong prior to this, I was always punctual, friendly, never caused angst or drama in the office, I was even an hour early at work so that I could do a more effective job. And then this.


What do you think? I think that I could have at least got a written warning, or such, not instant sacking.

Takeaway_Addict

you can be dismissed in the first two years for anything that is not a protected charateristic (ie sex, gender etc) or for standing up for a statutory right.

So even if your boss is wrong I don't see they have done anything unlawful.

And ultimately, you did lie to your boss which means the trust has gone.

Sorry.

Armorica

How did you manage to forget that you'd contacted an agency?

Unless your contract forbids a second job, your employer might have been ok if you had been honest about looking for a second job.

A T_A says, ultimately you lied to your employer. When looking for jobs in the future, if you don't want your current employer to be contacted, then tell the agency that.

London50

and denied to him that I was looking for jobs.

I checked my e-mails and had realised that the job agency in question was one that I had contacted a month or so ago, in regards to getting part time weekend work or voluntary work to pass the time away.

Sorry but as above you lied so be it on the grounds of the time you have worked for them or the lie you do not have a leg to stand on.
Just move on and try in future to remember what you have done before saying anything.

suse*

Until you work somewhere for over 2 years they can sack you without any reason really, unless it is something which goes against your race or a disabilty you have no options. Even then they recently changed the rules so you would have to pay if you want to take them to tribunal. I am guessing you don't have a few thousand to loose just for a case you won't win.

All you can do is get job hunting I'm afraid.

James_B.

So you lied, you did exactly what you are accused of, and they let you go, for lack of trust.

What precisely is your complaint?

tycroestart

Sorry to hear of your situation but can you answer a few questions
1 were you given notice of the disciplinary?
2 were you offered the option to be accompanied?
3 were you offered the option to appeal ?
[FONT=&quot]As if you were not offered any of the above then the company have breached your employment rights and you have grounds to take them to an employment tribunal [/FONT]

Takeaway_Addict

tycroestart wrote: »

Sorry to hear of your situation but can you answer a few questions
1 were you given notice of the disciplinary?
2 were you offered the option to be accompanied?
3 were you offered the option to appeal ?
[FONT=&quot]As if you were not offered any of the above then the company have breached your employment rights and you have grounds to take them to an employment tribunal [/FONT]

The OP does not have 2 years employment with the employer so the quoted is wrong, if it were after 2 years then yes you would be correct.

MABLE

Where the OP went wrong was keeping their employers in the dark. If as the OP states they were looking for part time weekend or whatever work it would have been courteous to advise the employer that the job agency may contact them for a reference.

However the outcome seems very harsh to me and hopefully the OP can move on and find an even better position.

One other thing can the Job agency not contact her former employer and backup the fact she was only looking for part time work and when she went to see them.

tycroestart

Takeaway_Addict wrote: »

The OP does not have 2 years employment with the employer so the quoted is wrong, if it were after 2 years then yes you would be correct.

taken from ACAS
11. The meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case.
13. Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in

• a formal warning being issued; or
• the taking of some other disciplinary action; or
• the confirmation of a warning or some other disciplinary action (appeal hearings).

14. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.


Provide employees with an opportunity to appeal

25. Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision. Appeals should be heard without unreasonable delay and ideally at an agreed time and place. Employees should let employers know the grounds for their appeal in writing.
26. The appeal should be dealt with impartially and wherever possible, by a manager who has not previously been involved in the case.
27. Workers have a statutory right to be accompanied at appeal hearings.
28. Employees should be informed in writing of the results of the appeal hearing as soon as possible.


these are basic employment rights that everyone has from 1 month after the start of employment so the above statment was true

RichardD1970

taken from .gov.uk

Employment tribunals
If you’ve been unable to solve a problem between you and your employer, you can normally go to an employment tribunal.

In Northern Ireland, you can go to an industrial tribunal.

Qualifying period to claim unfair dismissal

You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job:

on or after 6 April 2012 - the qualifying period is normally 2 years
before 6 April 2012 - the qualifying period is normally 1 year
In Northern Ireland, the qualifying period is still normally 1 year.

There is no qualifying period if you’ve been dismissed from 25 June 2013 because of your political opinions or affiliation. You’ll automatically have the right to go to an employment tribunal.