Sacked from job, case for unfair dismissal and references.

ohreally

red_eye wrote: »

So say I was an employee of one year or less would that mean I can't take it to tribunal?

Sorry I'm new to this in my 18 years of employment I have only been at a disaplinery hearing once and I had a union rep with me

Not necessarily, if a protected characteristic was involved you may be able to approach a trib.


http://www.equalityhumanrights.com/private-and-public-sector-guidance/guidance-all/protected-characteristics

pioneer22

esj13 wrote: »

On Monday, after 3 years service I was dismissed from my role after an allegation made against me was found to be upheld and constituted gross misconduct.
I had no idea this would happen, but I thought I would have disciplinary sanctions imposed on me, so leading up to the disciplinary I decided to look for another job. I was given an interview for the day after the hearing.
During the hearing, me and my union rep had the distinct impression that the decision had been made to terminate my employment before the meeting had begun, as the chairperson, simply ignored a lot of what was said in my defence.
Also when we were asked to withdraw and were waiting for a decision to be made, the investigating officer re entered the meeting room, which is a direct breach of the company's disciplinary procedure and therefore he could have breached another section of the procedure that says the investigating officer will not take part in the decision making process. This was witnessed by, me, my union rep and my colleague, who was also there for a hearing.
My union rep said that the investigation was not properly carried out as only myself and my colleague were spoken to, when there 3 other people present when the incident took place. The chair said that she felt there was enough evidence and that she was not interested in anyone elses view. They also said I was responsible as, on the day of the incident, I was the shift leader. A responsibility that is not stipulated in my contract.
Also when we arrived to the meeting a witness was in the room already, which is another breach of procedure which states that a witness cannot enter the meeting before giving their evidence and must withdraw when they have. This so called witness was not even present when the alleged incident took place.
I was told at the end of the meeting I was dismissed from my post with 2 weeks pay in lieu of notice and that the would be happy to re-deploy me in a position with less responsibility, but as the positions are, it would not be possible at that time.
My solicitor has told me that I have a tight case for unfair dismissal.

On to the positive bit now.

I have been offered the new job I interviewed for pending satisfactory DBS check and references.
I would very much like to take this job, but where do I stand with a reference?
As I have not yet been properly dismissed as I have 2 weeks to make my appeal.
Can I ask them to give me a positive reference and offer to drop the appeal?
Or can they not say I have been dismissed until the appeal process is complete?

How did you get on with this? Have you appealed?

smacca87

I am currently on suspension with full pay after allegations were made about myself and another staff member.
I'm trying to ensure I have myself covered incase I do end up been dismissed (I'm currently feeling very low about the situation and am preparing for the worst) I also work part time as a waitress for a company I previously worked at for 3 years and I also volunteer with probation services (however not long enough to ger a reference from) I'm worried that when I apply for a job (I feel even if I was successful in keeping my job I would have to leave) that if I use my current employer as a reference that it will hinder my opportunity in future employment. However Could I use my part time employer as a reference and a character one from a previous job (both positive) instead? Would I be in trouble if I stated that I left my current job due to ward closures and job been unsafe (this is also true) that's why I left? Any help good or bad!:(

Takeaway_Addict

smacca87 wrote: »

I am currently on suspension with full pay after allegations were made about myself and another staff member.
I'm trying to ensure I have myself covered incase I do end up been dismissed (I'm currently feeling very low about the situation and am preparing for the worst) I also work part time as a waitress for a company I previously worked at for 3 years and I also volunteer with probation services (however not long enough to ger a reference from) I'm worried that when I apply for a job (I feel even if I was successful in keeping my job I would have to leave) that if I use my current employer as a reference that it will hinder my opportunity in future employment. However Could I use my part time employer as a reference and a character one from a previous job (both positive) instead? Would I be in trouble if I stated that I left my current job due to ward closures and job been unsafe (this is also true) that's why I left? Any help good or bad!:(

Best to post your own message

sangie595

Would I be in trouble if I stated that I left my current job due to ward closures and job been unsafe (this is also true) that's why I left? Any help good or bad!:([/QUOTE]

Would you be in trouble if you left your current job and lied about it. Seriously, what do you think an employer would say if they found out that you lied to them?

smacca87

But that's my question how would they find out?as it is true for part of the place I work. I wouldn't be using them as a reference I would use my part time job and a character reference?!

sangie595

smacca87 wrote: »

But that's my question how would they find out?as it is true for part of the place I work. I wouldn't be using them as a reference I would use my part time job and a character reference?!

Well those are the famous last words of the once again dismissed - I didn't think they'd find out. You lie to an employer at your own risk knowing that whenever they find out - and that means WHENEVER - you can be dismissed for it. It might be true of part of the place you work for - it isn't true for you!

And an employer can contact any of your previous employers whether you stated them as a reference or not - and they might just be curious enough to do so. After all, even with ward closures as a cover story, they might want to know why you didn't put these people down as your reference.

xapprenticex

smacca87 wrote: »

But that's my question how would they find out?as it is true for part of the place I work. I wouldn't be using them as a reference I would use my part time job and a character reference?!

Oh my oh my

smacca87

Please don't be patronising (that's how it has come across) I'm a sing for a little help in what is a very hard situation to be in my mental health has already declined I don't need you adding to it ( before you state why write on a forum them) I am simply asking for advice on what to do next. Thanks

smacca87

I didn't realise they could contact anyone I assumed that they would need my permission to contact that company due to data protection? So hard to know what's what as people say they may seek to ensure I worked at that place from date x to y. But that ks for your help!