falsey accused of theft

m2300

Hi
I was employed for a company for 7 months. Another employee I worked with hated me. One day I was stared at and and falsely accused of stealing money from the till by this employee. I am also Asian in origin. I was later dismissed(performance reasons-however nothing wrong with my performance-also false) as I had less than 2 years service. I also believe there was a breach of contract because no performance review was carried out. Can I claim at an employment tribunal

gettingtheresometime

No but would you really want to given the costs you'd incur in bring such action v rewards (if you were to win)

DomRavioli

m2300 wrote: »

Hi
I was employed for a company for 7 months. Another employee I worked with hated me. One day I was stared at and and falsely accused of stealing money from the till by this employee. I am also Asian in origin. I was later dismissed(performance reasons-however nothing wrong with my performance-also false) as I had less than 2 years service. I also believe there was a breach of contract because no performance review was carried out. Can I claim at an employment tribunal

Claim for what exactly? and with what proof?

jobbingmusician

No, you can't claim I'm afraid. The reason is that an employer can dismiss you for any non-discriminatory reason until you have completed 2 years' service.

I think that what I would suggest is that you ask to speak to your employer. (One suggestion is that you could ask for an exit interview._ Say that obviously you are upset to be dismissed on the basis of performance but that you would like to improve, and whilst you understand that they do not want you working there any more you would really like feedback as to how you can improve in the future for another employer. If they struggle to provide reasons, you have a good basis for negotiating a fair reference (which should also mention that you are keen to improve!)

I'm sorry that this is lousy news, but it's the result of this appalling 2 year law. Your focus should be on getting the best reference you can, and getting another job where hopefully you will be treated more fairly.

TELLIT01

Your ethnic origin has no bearing on the ability to sack you for performance reasons.

TBagpuss

You say that an emploee 'started at you' and falsely accused you of theft. As you say that your dismissal was for performance issues presumbaly your employers did not accuse you of theft or discipline you for that, so it woud not be relevant.

If you belived that the co-worker was prejudiced against you because of your race then you might have had grounds to raise that as a grievance, but it would nor be reasonable for you to assume that your employer should have realised that they were prejudiced, if you didn't tell them there was an issue.

In relation to the performance issues, this is very subjective - the fact that you belive that your performance was good doesn't necessarily mean that the employer cannot have had a genuine view that it was not.

You can be dismissed for any non-protected reason, or none, during the first 2 years of employment, so the only circumstnaces in which you might have a claim would be if you could prove that you had been discriminated against and dismissd becaue of your race.

I think it is unlikely that you could show that, as you have not mentioned anything about your employer acting in a way which is discriminatory .

By all means ask for some feed back or clear explanation about why they felt your performance was not adequeate, if you feel it will help.