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Steadfast
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Group: Forum Members
Posts: 53,
Visits: 1.4K
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+x+x+x+x+x+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going! What do they mean by full details? To me, that would be what is disclosed on a DBS check. You'd be doing very well to get one of those in a week! Even if they asked to see your police record, that would take a month and they would be committing an offence by insisting on it.... As Steadfast said, if they want to get rid of you, then an agreed settlement might be the best way out. I wouldn't expect them to back down now, whatever you say and whatever you can prove. If you do go for a settlement, don't forget to include something about a reference. Thanks for the further information and advice. I was talking to someone yesterday about such an agreement to leave. I think this is something they would have to propose though? It is unlikely that they would, as this would be tantamount to them saying that they just want shot of you without due cause. What would need to happen is your Union official (or Employment Lawyer) put the case to them that they are operating in an unjust, unfair or illegal manner. Basically, they get a bit scared by the potential cost of this and the two parties hammer out an agreement. A couple of questions I have: 1. you say that you are dealing with the Area Manager - has HR been involved as yet? It seems really odd that HR are allowing an Area Manager to deal with this alone as it is a bit of a minefield for them. 2. Have you made a request for your data yet? If I were you I would be particularly keen to see copies of communications between your line manager, the Area Manager and HR. I would also be asking for copies of appraisals and reviews. I would also be asking for full details regarding what notes have been made on your employment record. You can also ask for copies of policies on employing people with current convictions 3. Did you pass your probationary period? Were any concerns raised? Feel free not to answer, but do you feel that the issue is not necessarily that you have a conviction, but the type of conviction? You could argue that you are being 'singled out' based on this, and if you had, infact, had a longer sentence for a more serious offence, you would not be in this situation and that those pursuing you are doing it out of emotion rather than policy. You would need to be ridiculously careful on how you word that though! I have this week been in touch with the company HR, I have sent them a grievance outlining the various objections I have about how they have handled my case thus far, including the behaviour of the Area Manager in presenting me with the conviction details of someone entirely different!. They have agreed to suspend the Investigation Meeting process and to hear my Grievance as a matter of urgency. I offered to pay for a DBS check given that the Area Manager didn't believe what I told her about my offences. They have told me that they do not require a DBS check as this was not needed for the position I applied for. I will request my personal data (subject access request?) from the company. Unlock Helpline provided good advice and this forum and it's members, too! Thank you! Robert From what I have garnered from your postes this sounds quite positive, to be honest. A bit of background, I have extensive experience HR. This screams to me as if the Area Manager has been acting either independently from HR, or not keeping them in the loop. I say this, because if the AM was to conduct an investigation into your conviction (or disclosure of) it would need to be done formally with a formal letter sent prior to discussing it with you setting out your rights. I would also suggest that any meetings would need to be documented and you would want HR to sit in on it as it is a legal minefield. The fact that they have reiterated that your position doesn't require a DBS and therefore they don't want to see it does suggest they also see failings on their side. I would also suggest that there is a high probability that the investigation meeting has been suspended not to investigate your grievance (although they will), but because the Area Manager has not been following process or policy. Do submit your data request - If I were you I would specifically want to know who is saying what about and how this issue was brought to the fore. Also request a copy of the Job Description and Job Profile as you may wish to try and demonstrate there is no valid reason why your conviction would make you unsuitable. I'm not saying that you won't lose your job - if that's what the AM wants, they will find a way. I just see glimmers of positivity in what you post. Good luck, and keep us updated.
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NearlyOK
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Group: Forum Members
Posts: 6,
Visits: 41
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+x+x+x+x+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going! What do they mean by full details? To me, that would be what is disclosed on a DBS check. You'd be doing very well to get one of those in a week! Even if they asked to see your police record, that would take a month and they would be committing an offence by insisting on it.... As Steadfast said, if they want to get rid of you, then an agreed settlement might be the best way out. I wouldn't expect them to back down now, whatever you say and whatever you can prove. If you do go for a settlement, don't forget to include something about a reference. Thanks for the further information and advice. I was talking to someone yesterday about such an agreement to leave. I think this is something they would have to propose though? It is unlikely that they would, as this would be tantamount to them saying that they just want shot of you without due cause. What would need to happen is your Union official (or Employment Lawyer) put the case to them that they are operating in an unjust, unfair or illegal manner. Basically, they get a bit scared by the potential cost of this and the two parties hammer out an agreement. A couple of questions I have: 1. you say that you are dealing with the Area Manager - has HR been involved as yet? It seems really odd that HR are allowing an Area Manager to deal with this alone as it is a bit of a minefield for them. 2. Have you made a request for your data yet? If I were you I would be particularly keen to see copies of communications between your line manager, the Area Manager and HR. I would also be asking for copies of appraisals and reviews. I would also be asking for full details regarding what notes have been made on your employment record. You can also ask for copies of policies on employing people with current convictions 3. Did you pass your probationary period? Were any concerns raised? Feel free not to answer, but do you feel that the issue is not necessarily that you have a conviction, but the type of conviction? You could argue that you are being 'singled out' based on this, and if you had, infact, had a longer sentence for a more serious offence, you would not be in this situation and that those pursuing you are doing it out of emotion rather than policy. You would need to be ridiculously careful on how you word that though! I have this week been in touch with the company HR, I have sent them a grievance outlining the various objections I have about how they have handled my case thus far, including the behaviour of the Area Manager in presenting me with the conviction details of someone entirely different!. They have agreed to suspend the Investigation Meeting process and to hear my Grievance as a matter of urgency. I offered to pay for a DBS check given that the Area Manager didn't believe what I told her about my offences. They have told me that they do not require a DBS check as this was not needed for the position I applied for. I will request my personal data (subject access request?) from the company. Unlock Helpline provided good advice and this forum and it's members, too! Thank you! Robert
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Steadfast
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Group: Forum Members
Posts: 53,
Visits: 1.4K
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+x+x+x+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going! What do they mean by full details? To me, that would be what is disclosed on a DBS check. You'd be doing very well to get one of those in a week! Even if they asked to see your police record, that would take a month and they would be committing an offence by insisting on it.... As Steadfast said, if they want to get rid of you, then an agreed settlement might be the best way out. I wouldn't expect them to back down now, whatever you say and whatever you can prove. If you do go for a settlement, don't forget to include something about a reference. Thanks for the further information and advice. I was talking to someone yesterday about such an agreement to leave. I think this is something they would have to propose though? It is unlikely that they would, as this would be tantamount to them saying that they just want shot of you without due cause. What would need to happen is your Union official (or Employment Lawyer) put the case to them that they are operating in an unjust, unfair or illegal manner. Basically, they get a bit scared by the potential cost of this and the two parties hammer out an agreement. A couple of questions I have: 1. you say that you are dealing with the Area Manager - has HR been involved as yet? It seems really odd that HR are allowing an Area Manager to deal with this alone as it is a bit of a minefield for them. 2. Have you made a request for your data yet? If I were you I would be particularly keen to see copies of communications between your line manager, the Area Manager and HR. I would also be asking for copies of appraisals and reviews. I would also be asking for full details regarding what notes have been made on your employment record. You can also ask for copies of policies on employing people with current convictions 3. Did you pass your probationary period? Were any concerns raised? Feel free not to answer, but do you feel that the issue is not necessarily that you have a conviction, but the type of conviction? You could argue that you are being 'singled out' based on this, and if you had, infact, had a longer sentence for a more serious offence, you would not be in this situation and that those pursuing you are doing it out of emotion rather than policy. You would need to be ridiculously careful on how you word that though!
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NearlyOK
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Group: Forum Members
Posts: 6,
Visits: 41
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+x+x+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going! What do they mean by full details? To me, that would be what is disclosed on a DBS check. You'd be doing very well to get one of those in a week! Even if they asked to see your police record, that would take a month and they would be committing an offence by insisting on it.... As Steadfast said, if they want to get rid of you, then an agreed settlement might be the best way out. I wouldn't expect them to back down now, whatever you say and whatever you can prove. If you do go for a settlement, don't forget to include something about a reference. Thanks for the further information and advice. I was talking to someone yesterday about such an agreement to leave. I think this is something they would have to propose though?
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AB2014
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Group: Forum Members
Posts: 1.1K,
Visits: 7K
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+x+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going! What do they mean by full details? To me, that would be what is disclosed on a DBS check. You'd be doing very well to get one of those in a week! Even if they asked to see your police record, that would take a month and they would be committing an offence by insisting on it.... As Steadfast said, if they want to get rid of you, then an agreed settlement might be the best way out. I wouldn't expect them to back down now, whatever you say and whatever you can prove. If you do go for a settlement, don't forget to include something about a reference.
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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
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Steadfast
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Group: Forum Members
Posts: 53,
Visits: 1.4K
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+x+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now. Sorry you are going through this. You raise a good point. If it is a 'Right to Work check', you have produced the evidence of your right to work so that should be the end of the matter. If you have, as you have stated, provided full details of the offence in writing - you have not misled anyone about anything. In any case, if they have read the disclosure and chose not to act on it, it is them who have failed - not you. If I were you, I would be asking what they actually want you to supply to them along with their reasoning behind this. It sounds like they are setting you up with an impossible task to give them reasoning to take further action against you. This is not what you want to hear, but if they have decided they want rid of you it may be the case that you can get an agreed settlement. This may be a better course of action than taking legal action. An agreed settlement would normally consist of an agreed reference and a financial payment of X number of weeks wages. This is normally done upon your agreement not to take any further action. This might be something you want to thing about. There are a lot of failings on behalf of the company. You would certainly have a good case if you wish to persue it. Good luck and keep going!
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NearlyOK
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Group: Forum Members
Posts: 6,
Visits: 41
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+x+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update. I had the second formal Investigation Meeting today. I was accompanied by my area union organiser. In the meeting I was accused of misleading the employer as to the seriousness of the offence. The investigating manager produced a print out from The Law Pages summarising the offences, conviction and sentence for a person that was not me. She claimed it was me due to the "same case reference number". The first part of the case reference number was the same, but the secondary part of the reference was not. I've no idea how court case reference numbers are organised, but I asked the manager why she thought it was me when a) the initials of the offender did not match mine (only initials of the offender are listed on these summaries); b) the age of the offender did not match mine; and, c) the sentencing court did not match the documents I had already provided to the employer. She had the chutzpah to claim that she did not know how old I was! I did ask her if my DOB was recorded in the employee records, which of course it is. I asked her what basic cross-referencing she had undertook to establish whether the search result from The Law Pages was correct and relevant to me. She gave no answer. The Union Rep is on record in the meeting minutes as calling the process a witch-hunt, with no legitimate objectives. If it is a "right to work" audit, then they should already have decided I DO have the right to work. If they feel that they should have asked me questions about the offences at the time of application and interview, then that is their problem, not mine, surely? I've been asked to provide "full details of offence(s), conviction and sentencing" to the employer by Wednesday. I've already make the statutory disclosure via the application form, so I am unsure as to what else I can or indeed need to supply to them at this stage. This is just a farce now.
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NearlyOK
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Group: Forum Members
Posts: 6,
Visits: 41
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+xMy conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share. Yes I will definitely be contacting my union (USDAW) and ACAS as suggested by other contributor. Have also had helpful advice from Unlock and I updated their helpline advisers on Friday. Such a kick in the wotnots. It's a min wage job and I do more to boost the productivity of the place than the kids they employ there. Oh well, much of it is in the company's hands now. Will update.
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NearlyOK
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Group: Forum Members
Posts: 6,
Visits: 41
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+xThat's shite to hear, mate. My biggest recommendation right now would be to get in touch with ACAS for advice. https://www.acas.org.uk/ Thank you!
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Steadfast
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Group: Forum Members
Posts: 53,
Visits: 1.4K
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My conviction is spent. I had a name change. I had no requirement to tell anyone. I had been employed by a company for 3.5 years, but was approached by another company and offered a job on more money so I left. A few months into my role all was going well and was reputedly told that I was doing a good job and they were pleased, but someone 'anonymously' got in touch with them about my conviction and they terminated my employment based on this. Within a week, the reason for my dismissal magically changed to termination of my probation due to standard of work (I'm guessing they realised what they had done was illegal). Forgive my rant, but you are not alone... it happens to us all! How long had you been employed? Had you completed your probationary period? Had they given you notice of any of the meetings? You have the right to accompanied, and if they had not informed you of this that is a breach. Are you a member of a union? If so, contact them. Their point would be that 1. you had disclosed as required. 2. The interviewing manager had the requirement to ask questions at interview if this was a required. If you are dismissed - you might be able to find an employment lawyer who offers a free initial consultation. They will let you know you chances of a settlement and might work off a commission. https://solicitors.lawsociety.org.uk/search/results?Pro=False&UmbrellaLegalIssue=LIUEMP&LegalIssue=LIEME&Language=The sad fact is that they know that they can terminate your contract over this and you are unlikely to make waves as it would put yourself into the limelight. Hopefully they see sense and realise that you are an asset and it is beneficial for them to retain you rather than go through the recruitment process again. Good luck and keep us updated! I believe all these experiences are a good thing to share.
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