Who can I speak to? New job dispute

loulabelle222

Just wondering if anyone can offer any advice of whom I can speak to in regards to a job offer discrepancy ?
Two weeks ago I applied for a temporary Christmas position working nights at sainsburys over the Christmas period. I was asked to interview and I got the job , training was to commence at the end of this week .
I have already worked for the same store 6 years ago again on a temporary Christmas position which on my contract stated finished at the beginning of January.
Today I recieved a phone call from HR at the store, asking if I previously worked there which I comfirmed I did as a temporary position of which I fulfilled.
She then claimed that I was dismissed from this position in febuary 2010 due to absence .
I was then told that they had to retract my offer of employment.
However my contract ended at the beginning of January I never signed a permanent contract .
On my last shift I was curious as to weather I would be kept on even though I couldn't continue with the position as I was moving within the next few weeks. So I went to the office and asked admin if I would be they confirmed so of which I told them that I couldn't do it as I was moving .
I left that day thinking that I had fulfilled my role and my job was over.
Today they are saying that I just didn't show up for work and they sent me three letters, of which I didn't receive as I had moved . One was apparently sent recorded again I didn't sign for it.
I never signed a contract or anything or recieved any correspondence to say I was being made permanent .
The lady at the store said I should have sent a letter of resignation or told someone I was leaving , however I thought that was my last day so why would I send a letter or tell anyone I was leaving?
She also said that this was head offices decision that I couldn't take on the job, however head office have told me that it is down to the store to decide!
Until today I believed I left that job on good terms.
Do I have a leg to stand on in this situation? As I feel I have been unfairly treated. I certainly wouldn't have gone and applied for a job at a place where I was dismissed as absent!
It isn't so much about the job any more I just don't want dismissed on my employment history , I feel like I have wasted so much time and being made out to be a liar , who would I speak to in regards to this ?
Thank you for reading I know it's long! X

loulabelle222

And also why was it not flagged up when I applied for the job? Why was it two days before my induction? I have arranged childcare and all sorts so that I could come for this training even though I was only told on Monday that I had got the job!

Retrogamer

I don't think there's anything you can do in regards to this i'm afraid.

TBagpuss

I thinkthe only thing which you could do would be to write to them, and set out what happened.

Try to be as clear and factual as you can and raise it as an error / miscommunication in 2010, not as them being unfair.

Simply state that you were previously employed on a temporary, christmas contract which was always due to end at the end of January 2010, that you recall having spoken to a manager and having confirmed to them that you would not be in a position to extend your contract or to take up a prermanent contract as you were about to move house, and that you never recieved any offer of full time employment, nor any indication that the original end date of the short term contract had been changed.

Ask that they update their records to record that you previously worked there for a fixed term from [date] December (or whenever) 2009 to 31st January 2010.

You can say in the letter that you only became aware that you had mistakenly been recorded as having left without notice after applying for a new job with them, hence you had not previously raised the issue with them, and that had you need aware of the misunderstanding you would of course have notified them earlier.

If you wanted, you could ask them to provide you with a copy of the contract or letter you signed before Jan 2010 extending or making permanent the original temp. contract. Is it possible that the original contract was open ended and that they simplky told you it was unlikely to be continued after the end of January? If that was the case, then technically you probably were at fault, although Sainsburys may also have been at fault if they failed to make the requirement clear.

Did you get a P45 when you left?

FBaby

Clearly it was all a misunderstanding, and one that now is affecting you in a very frustrating way. I know it is too late to change things, but if there is one lesson to learn from this, it is to realise that it is worth paying for redirection of mail. You would have received the letters, you could have explained then that you didn't wish to extend the contract, and they could have amended your records accordingly.

As it stands, they can do whatever they want. If they don't want to take you on, they don't need to justify their reason as long as they are not discriminating, which they are not.

theoretica

Do you happen to have anything from 6 years ago confirming an end date - your contract perhaps?

loulabelle222

Thank you for your replies. Yes I have found my original contract. That states it ended on the 2/1/2010. I have fully accepted I won't get the job, I have never paid for redirection of mail as I had paid all my bills changed all my details over and didn't expect any letters. I was moving back in with my parents . I suppose that was my fault. Never once have I heard of a company making you permanent without telling you?
Today I have spoke to head office and asked for all my employment details, contract signed etc as I really believe this was staff error at the time and I would rather not have that I was dismissed on my name! I think that's a terrible thing to have written about you!
I think the fact the store made me out to be a liar is what has upset me the most and the way they spoke to me as if I was a criminal! Lesson learnt though I suppose x

PasturesNew

They'll now replace "dismissed" with "troublemaker"

stevemLS

I think OP has a fair point and whilst there is not much he/she can do about it, employer has a DPA obligation to ensure information is accurate and getting it corrected now will assist in the future.

OP can also show actual loss and there is always the possibility of action under DPA to recover loss. That is probably not advisable though.

[Deleted User]

How awful OP, wanted to bare my sympathies, noticed my local had a vacancy barely up 24 hours before it 'expired' makes you wonder.

Always wondered how long do these HR/companies officially have to keep records - it is 6 years or can it be shorter?

I know someone in a 'dispute of leaving' position (albeit they were aware) where they have been able to secure an interview with an actual direct competitor and hopefully intend to discuss the likelihood of reference problems well in advance - suggest you do the same, hope you find something better as well x

Mersey_2

Certainly stating someone was dismissed when they were not is actionable. The main loss arising would be if J Sainsbury Plc stated this to any prospective employers who requested a reference.


It's worth sending a politely worded email/letter to HR/HQ stating that you have taken advice and you would be grateful if they amended your employment file accordingly.


As others have hinted this will not get you this job with them, but will help you in all other future jobs.