today i was sacked! I need to fight it!

[noname84]

Hello All

 

I may have posted before, but I had to change my user name: I could really use some good advice,

 

I am awaiting a decision from my employer regarding which I suspect will result in dismissal not to go into detail,

it would take a whole day to explain how we got to this point!

And to note I am not guilty of wrong doing!

 

my question is, can I go to my employer and ask for a Compromise Agreement or/and an off record conversation in order to put closer to the current situation?

 

Before they come back to me with a decision?

I will be taking them to a tribunal for unfair dismissal should I need too,

but I don’t want to, I just want to end it and move on so can I do this or do I have to sit and wait for the decision?

 

Hopefully it will make sense, I’ve got a feeling they are waiting for me to make a move.....

[noname84]

hi all

 

Ive been looking at the net all afternoon and I cannot find any reference to a "without prejudice" where an employee starts the ball rolling only the employer - any advice would be great.

[smallcat]

I would suggest that you put a grievance in, that is usually the first route - but of course you must phone ACAS as explain the entire situation to them.

 

You will probably end up going down the route of a tribunal should your employer not follow the ACAS Code, then they will probably present you with a Compromise Agreement to avoid the Courts.

 

You must have a solicitor to certificate the agreement. Do call ACAS who will explain all the best routes for you - they are excellent! good luck!

[noname84]

I will send the appeal and tick that box, but I want to to to an ET, I need some support here, are you able to let me know what I need to do etc

[rebel11]

You need to provide more details so Caggers can advise.

[noname84]

Yes, I am in a state of shock: If I give to much detail the employer will know who I am etc it is so specific, I have not done anything wrong and have worked hard and been a top employee for a number of years, never had any issues or problems before and i am so mad i had successfully gained new employement but of course the reference will advise of this so that will fall over, great christmas !

[honeybee13]

Hello there.

 

Of course it's your choice how much information you give, but if you don't give us much to go on it will restrict how much advice is forthcoming. Only you know how specific your case is.

 

Have you spoken to ACAS as advised? And have you looked on the Tribunals Service website? I believe they're very helpful and you can also ring them.

 

Hopefully the guys will have more advice for you.

 

My best, HB

[noname84]

i know! in my letter they have made a point on what they are putting or will put on any future references which i thought was odd where do i stand with references does it depend on what the new employer asks or what have you? i just was so happy yesterday getting a new job and now that wont happen either, but that aside i need to fight this i did not do any wrong doing

[becky2585]

Hi

 

If disciplinary proceedings have been instigated then you can approach them to request a compromise agreement. Do they have an incentive to enter into it, though? Usually employers use a compromise agreement to bypass grievance or disciplinary proceedings and avoid management time and expense. If you think they have a legal liability to you though, they may agree, if only on a commercial basis.

[Shelley181146]

If you haven't done anything wrong then you must calm down and be methodical in your approach to what you want to achieve out of this mess.

 

It would be beneficial for you to start the grievance procedure with your current employer. Sending a copy to HR department by Recorded Delivery and keeping a copy for your records. You should highlight the positive points which you have contributed to the department (where applicable) and what you feel you have provided within your area of expertise and why you feel you now find yourself in the position you are at the moment. You do not feel that the current conduct being received from your line manager is appropriate.

 

There is nothing stopping you from starting the new job even if they do want a reference, that will come later.

 

Telephone ACAS and explain all the details to them for specific guidance and you must do that sooner rather than later. You will feel so much better for it once you have.

 

ACAS are brilliant at being mediators in these type of situations and will handle the point of employment reference if that is what you require.

 

Even if your new employer says that the job is subject to references received, if it is a large organisation the reference can sometimes just be red tape and fall by the wayside once they see what you can do in the position you have been employed for.

 

Stay strong and be confident. You will get through this.

[noname84]

Morning All,

 

I have been thinking about my current situation,

 

Yesterday I was dismissed which I am trying to deal with and will continue to work through as best I can

 

But moving forward I was offered a new job at the beginning of the week (Before I was dismissed)

and I dont know what to do for the best,

 

I got the job via a recruitment agency so havent apart from the interviews had any direct dealings with the new employer

- Do I go to them, best honest, explain the situation in the hope they accept this and continue to take me on?

Or do I continue with the process and cross the bridge of references once they get them back.

I.E dismissal gross miscounduct which I do beleive my ex employer will make a point of stating this they have made a point of saying they will do on my dissmissal letter!

 

So I am not sure what to do for the best, of course I dont want to start of with a new employer and then get sacked from them due to bad references etc but at the same time I dont want to have that conversation before hand either!

 

Sorry for going on....

[Bluestar_Galaxy]

im in the same situation...but ive always worked two jobs so can hide this particular employment....do you need them for a reference? when was ur last position? can you use that job? or academic references? an employer is only allowed to give a factual reference, but this can include the dismissal and reason for it....

[noname84]

Hi All, it looks like the new jon I found will be withdrawn due to the reference in which was supplied. Can I ask my ex-employer exactly what information they would put on a reference I guess it changes depending on the questions asked? They are not wanting to enter into a compromise agreement at this stage so I wont be able to go down that road. Its not fair, they sack me but also stop me from getting a new role!

[Shelley181146]

Are you saying that your old employer has provided a bad reference or that the agency would not be able to put you forward because of the situation with the reference?

 

Have you approached ACAS yet about this situation?

 

A relative of mine was in a similar position few months ago and we discussed it with ACAS because their employer wouldn't compromise but once ACAS were involved it was a different story. They compromised immediately and the reference was agreed with both parties. It's worth a try.

[noname84]

Hello

 

The employer gave a factual reference, dates to and from, job title, and reason for leaving: I.e. Dismissal gross misconduct (I am mad at this as I’ve not yet had my appeal, and also I have in writing they have said they don’t have proof either way, so they have based their decision on assumptions and hearsay, not the facts in black and white) although the case is much more in depth then just that! So my new employer who I got the job with before I was dismissed have now withdrawn due to the above.

 

I have called ACAS, and to be honest they were not that helpful, they said I could ask for an off record conversation to determine if I was able to organise a compromise agreement, which I did, however my ex employer did not respond, not even to say no, the next day I was dismissed.

 

So I don’t know if to ask for a compromise agreement again now before the appeal or wait now until the appeal, and see what happens it’s too late in any case for my new job.

I am seeing my solicitor on Wednesday about organising a employment tribunal case and he may send a letter to my ex employer regarding the reference.

I am cross I had found a new job, ready to start in the new year, new start, etc etc but not only has my ex employer sanctioned me way too harshly they have also stopped future employment, I just don’t think this is fair based on the fact they were unable to prove any wrong doing!

[honeybee13]

Hello again. I've unapproved a duplicate post that you did just now. It's a bit of a problem at the moment .

 

It might be worth ringing ACAS again, because it does depend who you speak to these days. But if you see your lawyer, that could change things.

 

I wonder if it would have been different with the new job if you'd had the opportunity to show them the letter and explain a bit more?

 

My best, HB

[noname84]

I have rang ACAS again and spoke with them about this, their advice was to wait to hear back regarding the appeal before they get involved, so far enough thats what I shall do, this I guess will be after the holidays - but again to little to late for the new role!

[noname84]

Hello all,

 

just to add yet another twist, the new employer wants to see all my paperwork regarding the situation and dismissal etc from my ex employer, I have given them a higlevel summary of accounts but I do not want to go into full on detail it would take a long time! and plus I am of course defending myself against the evidence etc I dont think this is a good idea, I am going to ET and I think it could be used agaisnt me! I appriciate they want to make a judgement and see if they can continue but what is the point? I mean if they accept my version of events, and accept I am taking them (ex employer) to an ET for unfair dismissal, why can they not base thier decision to continue with employment on that, does that make sense/?

[noname84]

what do you all think/feel about this? any advice/help would be great, my recruitment agency are not a)happy with me, b)thinking about the wider issues c)not fighting for me!

[Shelley181146]

If it wouldnt give too much away, may i ask what type of employment you are in?

 

I am sorry you have had this experience with both ACAS and agencies because I have had the exact opposite with both. You must remain positive and not give up.

 

IMHO, I wouldnt give the new employer too much information because I would rather they considered my application on my experience and even if they were to take you on a 3 month trial, there's nothing to say they would have to keep you on if they later found out that your ET may not have gone as expected. More positively, if they felt you were a good suitable applicant for the post and you were working well within the team/department for them, they might ignore the other ongoing actions, if that makes sense?

 

Your solicitor should be able to give you a better indication as to your chances with the ET. But in the meantime will you need to sign on at the local Job Centre? How will this case affect your entitlement to your benefits? Will it have an impact on any major finances - bring this to the attention of your solicitor - utilise them as much as possible.

 

Keep posting updates but stay strong.