Company have Unofficially Suspended me for attending a Job Interview

Hi,

I wanted some advice regarding this situation with regards to my current employer.

My current employer sent me home yesterday afternoon on full pay with a decision being made on Monday.

I have worked with my employer since December 2019 and until a few months ago absolutely loved the job with no issues although I understood even then one or two employees there were out causing trouble.

It started when my line manager JH left the business. He was fantastic, kept the team happy but in order. As a family business one of the directors wives, ES, then stepped into the role. No problem at all with that.

A personal friend, BB left the business and went to work for another company. I was unaware of who this was at this time.

Early September I became aware of the potential that someone else in the office was calling my meetings booked for BB. I was on holiday. I messaged ES to ask if my pipeline was being booked. No was the answer, which I took in good faith. Unbeknown to me, ES contacted the other employee about this confidential message, and then held a meeting on the Monday. ES proceeded to tell me they hadn't but it was up to them what they did. I asked, maybe abruptly but fairly, why the other employee had been contacted about something confidential.

The situation was resolved... then the two directors called me into the office. AS especially was direct saying he does not care he could find someone else to do the job in a heartbeat. He also accused me of being rude to his wife, which I denied.

As I felt threatened in my job I enquired about vacancies with a few individuals outside of the business, including BB. BB organised a meeting with his new employers that week outside of working hours.

On the subsequent Tuesday the parent company went into administration. This same day a job offer came through from BB's company with a start date of 1st November. I neither accepted or rejected this at this point.

On Thursday 23rd September during a meeting with another employee and TV, I was asked about BB and I explained he was OK. TV then said "you've probably gone for an interview with him". I neither confirmed or denied this but my face probably told the story.

TV must have told the directors this confidential information and therefore what happened happened.

I was called into the office with MB (the other director) and ES about this. I explained why I explored this avenue but that I was happy with the company. The meeting was postponed for 15 minutes to restart. 

After this ES left the meeting and AS joined MB in the meeting. AS was angry I had been for an interview. When I explained I was happy, he said he didn't care and there are tons of people looking for jobs. 

Then I was accused of something I would never ever do and that is pass leads onto a competitor. I denied this completely with the explanation why would I do this as this is taking money from my own pocket.

I was told BB had met with a company we had met originally in January 2020. I was made aware of this by MB a week beforehand but knew little about the other details. The other was a warm lead which I never booked or know the name of. They accused me of leaking details to BB again which is not true and passwords which again is not true including one for the warm leads which I have no access to anyway.

They sent me home on the accusation of passing details to BB (which I denied and they will not prove as in no way have I done so) and going to another interview with the decision to be made on Monday.

I was not officially suspended. I am very upset as I have done nothing wrong.

Can they firstly fire someone for going to an interview and secondly could they fire someone on something which is just an accusation, a false one of that?

Comments

  • Short answer, given your tenure, yes.
  • molerat
    molerat Posts: 34,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    With less than 2 years service they can fire you for wearing green underpants on a Friday if they wished !
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    molerat said:
    With less than 2 years service they can fire you for wearing green underpants on a Friday if they wished !

    And you could probably successfully sue for secual harrasment if they uased that one ;-)

    Offended my parrot is the reason to go for!!!!!!!!!!

  • oh_really
    oh_really Posts: 907 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    edited 24 September 2021 at 2:14PM
    Scoobs85 said:

    I was not officially suspended. I am very upset as I have done nothing wrong.


    What is meant by this, you're either suspended or not, you don't get a little bit pregnant.

  • Can they firstly fire someone for going to an interview 

    From when I had to look into this, where I simply applied for a job on Indeed but had no clue my CV was going to a business where the director was mates with my current boss at time so you imagine what went on over the garden fence grapevine - the only twist was as soon as I started questioning how they knew after the confrontation, they clamed up then to protect their friend and would never reveal. 

    I don't think they can dismiss - make your life uncomfortable, get a replacement in who you can outlive etc but all the uncomfortable reading what happens when your boss finds out you are looking elsewhere and insight I came by when faced with the accusation... they wouldn't dismiss or be daft to on that alone.  

    https://www.fish4.co.uk/article/can-they-fire-me-for-this-/

    Q: Can I Be Fired for Looking for a New Job?

    A: No.

    To fire an employee legally the dismal must be classed as “fair”. Broadly, this means there must have been something wrong with your job performance. Assuming that you’re not job hunting on work time or letting your search affect your productivity, an employer who fired you for job searching would be legally on very shaky ground.

    When BG Group tried to fire a worker for indicating on LinkedIn that he was looking to move on, the employee sued. While he may lose the case, it’s caused BG Group an expensive headache and a PR disaster they’d rather have avoided.


  • Undervalued
    Undervalued Posts: 9,506 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 24 September 2021 at 3:03PM
    Can they firstly fire someone for going to an interview 

    From when I had to look into this, where I simply applied for a job on Indeed but had no clue my CV was going to a business where the director was mates with my current boss at time so you imagine what went on over the garden fence grapevine - the only twist was as soon as I started questioning how they knew after the confrontation, they clamed up then to protect their friend and would never reveal. 

    I don't think they can dismiss - make your life uncomfortable, get a replacement in who you can outlive etc but all the uncomfortable reading what happens when your boss finds out you are looking elsewhere and insight I came by when faced with the accusation... they wouldn't dismiss or be daft to on that alone.  

    https://www.fish4.co.uk/article/can-they-fire-me-for-this-/

    Q: Can I Be Fired for Looking for a New Job?

    A: No.

    To fire an employee legally the dismal must be classed as ‚Äúfair‚Äù. Broadly, this means there must have been something wrong with your job performance. Assuming that you‚Äôre not job hunting on work time or letting your search affect your productivity, an employer who fired you for job searching would be legally on very shaky ground.

    When BG Group tried to fire a worker for indicating on LinkedIn that he was looking to move on, the employee sued. While he may lose the case, it‚Äôs caused BG Group an expensive headache and a PR disaster they‚Äôd rather have avoided.


    I have highlighted the relevant part of your cut and paste job!

    You are missing two crucial points.

    The OP here has less than two years service so he can be dismissed (with notice) for no reason at all. If the true reason for his dismissal was one of a handful of legally protected reasons (e.g race, gender, religion, trade union membership and a few others) he could claim unfair dismissal but otherwise not. Applying for another job (on its own) is not on the list.

    Secondly you also have to consider what useful, cost effective redress would be available, even if he had a valid case. I struggle to think of one here assuming we have the whole story. A theoretical "right" is meaningless unless it can actually be enforced.

    If they fail to pay him his notice (or allow him to work the notice) or fail to pay his accrued holiday or in some other way breach any of the terms of his contract he could claim wrongful dismissal (for which there is no two year qualifying period). However all that would yield is his actually losses plus, possibly, a few days pay to compensate for however long it would have taken to do things properly.

    Currently he is suspended (a neutral act) on full pay so no loss there.


  • Carrot007 said:
    molerat said:
    With less than 2 years service they can fire you for wearing green underpants on a Friday if they wished !

    And you could probably successfully sue for secual harrasment if they uased that one ;-)

    Offended my parrot is the reason to go for!!!!!!!!!!

    Possibly not if green knickers are equally banned on a Friday. 

    Given the short period of employment (under two years) it is probably moot since, as most people have observed, there are few protections against dismissal, fair or not. But I have to admit a certain curiosity around the convoluted story. If you already have a job offer in hand then why does it matter - just accept the job. But why on earth would they make up such a peculiar story about leads and passwords when they don't need anything more than "pack your desk"? Or is it perhaps that BB has played fast and lose in the past, and now you are being dragged in to the situation?
  • oh_really said:
    Ah. Hmm. I wonder if they mentioned any of that to the current employer? Sigh. Not entirely telling people the entire story doesn't help. And I thought the convoluted story missed some details.  Still do.  
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