Can I sue for unfair dismissal?
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Can I sue for unfair dismissal?
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I got fired rom a job a few months ago. I had been there 3 months. I was told that even though the quality of my work was good, because my references had come back bad that they had to let me go.
I would have understood not being given the job on the basis of my references, or even being sacked a week or two in, but after 3 months I find myself being a bit sore at the fact it cost me my job, especially when i consider my employer at fault for taking so long to track down my references. They said my position was subject to reference but does this apply after so long?
Secondly, the references had come back one bad (which I have heard is not allowed) and 2 places saying I had never worked there when I had. I explained to my employers that this was bogus, but they said if I was to deal with it I only had a week to do so, which I believe to be too short, and would not accept references from anyone else.
As a result I immediately went and got an old job back. Whilst I am grateful to the person who gave me the job back, it doesn't pay as much and is 3 times further from home.
Do I have grounds for an unfair dismissal case?
Additional Details
Is it true that apparently companies are not allowed to give bad references though?
I've been told they can either give a good reference or refuse to give one, but not give a bad reference. Is this true? I want to know because a previous employer told said employer that I never rang in if I was absent, which was a complete lie.
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andy w
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The job was subject to references, just because they came in after 3 months does not change that basic fact.
References have to be honest and objective.
i.e. yes this person worked for us. Their timekeeping was bad and they took every friday of sick. etc
Hard luck mate. |
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dscharge
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as far as I know you need to work in a place 1 year at least to be protected for unfair dismissal.
95% you can't sue the company.
You can have a hearing tho but I wouldn't bet on you. |
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D B
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no - you can be sacked at anytime under 12 months and a reason does not even have to be given. |
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i give up
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no you hadn't been there long enough and if the job was subject to references and your references were bad then you dont really have a leg to stand on sorry |
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rosetigra
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Bloody hell, I hope so, or none of us have any rights, if employers can just mess with our lives like this. Good luck and give 'em hell if you can |
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mfsf2006
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no you don't i'm sorry but references don't have a time limit |
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Cirith Ungol
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maybe yes |
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Margaret S
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I would not have thought you had a case really apart from the fact you did not work there very long.
As to 'bad reference' well what is a bad reference??? An honest one??? Bad for some is just honesty for others.
Most employers will find a way to get the message across without going into the ins and outs too deeply. Or they will simply put a phrase like 'telephone for more information' which in itself speaks volumes to a new (possible) employer.
It can take a long time to get references through so timescale doesnt really matter either. They gave you a week to sort out the businesses who said you had not worked for them and that was very fair in my mind. Ample time for you to sort out any misunderstandings.
As others have said taking a tribunal path for anyone is something they really need to think about as it makes you pretty much unemployable for other firms.
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Mike C
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Remember this. If you claim unfair dismissal your chances of future employment are reduced by 95%. No employer will take you on. Think about it. |
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Bert Weidemeier
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If you open up a case with them, think again, because no one will offer you a job. You become a bad risk, and in a down economy no one will take a risk with you.
You probably pissed in someones garden, and the guy is still steamed about it. That's why the bad reference.
The best thing to do is just learn something from this experience and move forward. |
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