Is this wrongful dismissal

[Lolamos]

my son got a job in a local call centre about 6 weeks ago

 

At the time he was employed he was asked if he had any criminal convictions and he answered that he didn't (he was currently awaiting trial after he was involved in the most stupid of circumstances and had been advised by the arresting officer and his solicitor to only disclose when convicted, which has now happened)

 

he was doing very well at this job and loving it - in fact he had won a series of company rewards only a week before best overall employee, best in team and most sales and was given a prize of an iPhone 6. He was encouraged to apply for a position of team leader and duly filled out the form answering the do you have any convictions this time with a yes......... This was Friday afternoon.

 

He was pulled into the boardroom without warning, questioned and suspended without pay immediately and informed to return on Tuesday am at 9:30 to find out his fate. He was again taken to the boardroom and was told that they had taken things into consideration and informed him they were prepared to give him a second chance - he was thrilled and most grateful and expressed that he just wanted to wok hard and put everything behind him.

 

At 2pm he was taken into the boardroom and told that they had changed their mind and he was sacked without notice on the spot - no explanation nothing in writing and no chance to appeal or take in a witness.

 

He is devastated and this has been a kick he didn't need - acas have informed him that they think he should with a letter asking why he has been sacked and to give them 7 days to respond.

My question is this.... Is this wrongful dismissal and if so can anyone suggest the type of letter he should write?

 

He is aware that he has been very foolish but he is 18 years old - this is a first offences and he has accepted guilt and punishment and is determined to put all of this behind him and get his life back on track and as I said this was a kick he really didn't need.

 

Thank you in advance

Edited December 15, 2015 by honeybee13
Paras.

[Alfie29]

Sorry to hear :/

 

Did he have a contract with them? If so maybe read though that to see what rights he has if ever in this situation?

[JoeyJoeC]

If every company didn't want to hire convicted people, then they'd be forced into crime to make money. I hate how a small incident can affect someone for the rest of their lives (depending on the crime of course). Has happened to me too.

[GrumpyToSayTheLeast]

He can be released for any reason within the first two years and they do not need to give a reason. As long as it wasn't for a protected characteristic.

This sounds like they lost trust as he didn't disclose this relatively important bit of information when applying for the job.

[ericsbrother]

if they paid him a weeks money in lieu of notice then there is little that can be done.

[steampowered]

If he completed the initial form correctly, then there has not been any dishonesty or misconduct. In this situation I don't see how the employer could justify a dismissal without notice.

 

This sounds like it may be a 'wrongful dismissal'. The only thing he would be entitled to is 1 week's notice pay or any longer notice period stated in his employment contract. It might be worth a letter to the employer explaining this and asking for the week's pay.

[Lolamos]

Thank you all for your replies - i think a polite letter is in order to ask them to define the reason for his dismissal and an explanation of any monies owed and due.