Unfair Dismissal

[marcd2007]

Hi,

I was working for a company called Centro where we make concessionary passes for over 60's and disabled people in the west midlands and while i was there i found out , as i have epilepsy i could get a free disability buss pass, so i filled out the application and one of the questions was "do you have a valid uk driving license?" i had a provisional license but as the law states

 

"If you continue to drive after having a seizure:

your current licence will automatically be invalid;

you will be driving illegally - driving without a valid licence is a criminal offence"

 

so i ticked no because obviously it was invalid. They wrote of to my doctor and he confirmed that i wouldnt be able to hold a drivers license.

 

I left my wallet on the photocopier at work and about 10 minutes after realising my manager came up to me and said she'd found my wallet. Then about 10 minutes later she said that her manager wanted to see me upstairs. So i went up and they said they had found out that i had a provisional license and the fact that i "lied" on the application because she said my license was valid meant that i had commited fraud to centro and i could either resign or be sacked for gross misconduct. At the time i was really nervous and wrote a resignation letter and had to leave. This pass has nothing to do with my role there, its for anybody with a disability to have and the usual practise if they find someone with a license who said they didnt is to write a letter saying either surrender your license or return the bus pass, but i wasnt given this option at all. The fact that my manager also found my wallet and as there were only around 10 people in the office that day didnt think to ask around, instead just went rifling through my wallet is disgusting i think. I am seeking legal advice and they shall be hearing from me soon asking to dismiss my resignation.

i actually cant believe this has happened as this pass has nothing to do with my job and its just a regular pass which i believe i filled out the application correctly on.

 

Whats your thoughts?

[mariefab]

Simply having a provisional licence in your wallet doesn't make it a valid licence.

As your doctor confirmed that you wouldn't be able to hold a driver's licence it's reasonable to assume that your licence is invalid.

The website below may be useful.

Driving | Epilepsy Action

 

1. When did you 'resign'?

2. How long did you work for the Company?

3. Did you have a contract of employment?

4. If the answer to 3 is Yes; does it have a section covering disciplinary procedures?

 

Constructive dismissal : Directgov - Employment

 

 

 

[marcd2007]

Hey,

Thanks for the speedy response,

1.I resigned Thursday afternoon

2. and 3. i had a 12 month contract with the company.I also temped there for 12 months previous to this.

4. I think i'd have to find that out as i may have left it in my desk when i left.

 

Regards

 

oh and thanks for the link , thats where i got the information about the automatically invalid part.