sacked!!

[gaz23g]

hi guys in Feb this year i was sacked from my job as a security officer. The reason given was that they had trouble with my screening i.e they could not get work refs from a security firm i worked for in 1995-98 because the firm had gone out of business. ok can't argue with that, the problem is they are refusing to pay holiday money owed and a week in leiu of notice as i was sacked on the spot so to speak! I was going to take them to a tribunal for this money (approx £700) but have been told that they would just counter sue for the cost of the screening, could anybody tell me if this is right? bearing in mind it is their own staff that do the screening not an outside company

[colour-me-happy]

It is possible, the company I worked for had dedicated staff to carry out screening.

Did they not ask you to account for the time they couldn't verify? Where I worked (probably the biggest employer in the UK) we would try and get the employee to get somebody else to verify their time ie: a neigbour or such like or at times get them to do an affidavit, especially if the company was no longer trading.

I'm not sure but if you have given them all the information they asked for I don't see how they can with hold money from you.

I'm sure someone will correct me if I'm wrong.

[gaz23g]

they asked me to get my national insurance records which i did but i also gave them a DP1 from the police to confirm i had no criminal record?

[fivelaws]

Hiya Gaz,

Couple of things;

(a) What does your contract of employment/offer letter say about references - this is crucial because if it says "we offer you the job subject to complete references since forever" then you *might* be in trouble.

(b) Have you been in correspondence with them since February about the witheld salary/hols etc? If yes, when was the last letter? The reason for asking is that you only have 3-months from when the "incident" occurred before making a claim to the employment tribunal. As you got sacked in February, you'd already be out of time - but if you've been writing letters/etc to resolve the issue, then the 3-months runs from when you realised you couldn't solve the problem.

(c) Did you have a final payslip? Was this paid in full or did they withold some of it? As far as holiday money/notice is concerned, what does the contract say?

(d) How long did you work for them before dismissal? Where you still in a contractual "probationary" period?

[gaz23g]

hiya five think i might be in trouble!
a) my original probationary period contract was for 3 months offer of full contract subject to satisfactory refs in this time. I was given a full contract after this time and after just having a quick look at it now it also says basically the same i.e offered subject to satisfactory refs.

b) I was in contact with them about 4 weeks ago and was told it is company policy not to pay a weeks leiu money! but as I see it they sacked me with no misconduct on my part so i should be entitled to it (or am i just being bloody minded?)

c) the last payslip i got was for my last wage i was actually sacked the day before i was due back on shift.

d) i worked for them for 6months in total so i was actually 3 months over my probationary period

[fivelaws]

It looks like it will all come down to the "subject to satisfactory refs.". Is it likely one of your ex-employers declined a reference? (you can't give bad ones - but if you decline, it's like saying "he was crap").

On the basis that they only received "satisfactory" references, you could certainly argue for unfair dismissal.

Give ACAS a bell (08457 47 47 47) and see what they think.

or am i just being bloody minded?

'Course you are! But I do so hate it when employers try to muck around with staff.

[gaz23g]

the problem is not refs from other employers (i am actually working for one i worked for before they just asked me when i can start so i fell on my feet there) the problem lies with a firm i worked for in 95-98 as they have gone out of business so can't supply refs from them

[gaz23g]

I will deffinately try acas on Mon thanks for that

[Rich44]

I cant see how they can moan abuot failure to receive a reference for this period if the company that employed you is no longer trading, what a load of crap

[colour-me-happy]

Originally Posted by gaz23g

they asked me to get my national insurance records which i did but i also gave them a DP1 from the police to confirm i had no criminal record?

They should have been able to verify your employment history with the Inland Revenue, it doesn't sound like they tried very hard to sort the problem out for you.

I personally think you would have quite a good case because that time could have been accounted.

[monkey_uk]

Originally Posted by colour-me-happy

Where I worked (probably the biggest employer in the UK)

Who do you work for CMH? I think we might work for the same company...reply by pm if you wish!