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advice please re employment tribunals


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Hi, hope somebody can help. My son has been unfairly dismissed by his employer on a trumped up gross misconduct thing. He is now going down the employment tribunal route but he is having sleepless nights. The reason is because when he applied for his previou job (not the one he's just been sacked from) he submitted a CV where he claimed to have a higher grade in his degree than he has. That employer sold the business and he was taken on by the crooks who bought it as a direct transfer. When he got the original job, even having a degree wasn't one of the essential critiera so he's really annoyed with himself - he knows it was a stupid thing to do and wouldn't have made any difference to him getting the job. Can the employer he's claiming against now resurrect his CV and can it be used against him? I don't think they'll have even got it - they are absolutely useless in terms of admin/management practices - but its making him ill worrying about it. He has never told them he has a higher grade or anything. I'd really like to be able to reassure him but would value any comments. Don't worry - he's not an habitual liar and he's really being punished enough by the amount of worry!

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Forgot to say that the basis of the allegation against my boy is that he lost his temper and swore in the office - after working excessive hours I migtht add - have to be careful I'm so paranoid about his awful employers, I swear they are nuts and wouldn't be surprised if they're monitoring this site. I work in a very high pressure medical environment and bad language, while I'm, not defending it, is sometimes the only outlet when, as we are, you're dealing with life and death matters.

 

Until this incident, he had an exemplary work record with glowing references from previous employers. He hasn't done anything criminal, dishonest or any of the things I would regard as gross misconduct - i.e. stealing, being violent or punching his boss, which I swear I would do given half a chance!

 

He's just so worried about his 'beefed up' grade on his CV - although it was not part of the selection process for this particular outfit and related to his previous employer and, as I said in my earlier message was neither an essential or desirable criteria for the job. Because he was employed by them as a TUPE transfer I just worry that how he presented himself to his first employer might come back to haunt him.

 

Please share any experience/views you guys may have. I know I sound like a doting mum, but seriously my lad is such a sweet decent person that I am out of my mind with worry. He is so honest in fact that he is likely to say things which might incriminate him because he is actually such a rubbish liar!

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Hi DD

 

Too be honest perhaps his ex-employers won't discover this during the proceedings.

 

In any event provided the job offer was not contingent upon having this particular qualification then it shouldn't destroy his claim, although it will certainly not help his credibility if it is discovered.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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