Victimisation of a Despicable Nature

[Blue Thunder]

Hi,

I'm looking for some help and guidance please on behalf of a close relative who I believe has been subjected to a miserable case of injustice and is utterly devastated that he has now had his contract of employment terminated. I need to establish initially if there are any legal avenues we could pursue, or secondly what, if anything, can be done in a humane endeavour.

The story goes something like this.................

 

A guy is working for a major high st fashion retailer (he is 18 years old when his contract is terminated for Gross misconduct) he had been working, initially part time and then full time for them for 364 days when he is invited into the staff room to discuss issues about his timekeeping. He is then confronted with senior staff who are accusing him of 'stealing' an item of clothing. The allegations have arisen from a former girlfriend of his, who also worked in the store, and he is threatened with all sorts of punishment - including police action - they actually had a police officer present. The allegations, by the way involved an item of clothing that had been allegedly stolen some time before this 'meeting' was called. There is no concrete evidence provided, only allegations and also further input from the staff Manager, who had a regular (unfounded) dislike for this guy anyway. The Guy felt threatened enough to sign a full statement admitting the claim and was instantly dismissed for Gross Misconduct and escorted off the premises. In mitigation, the Guy took the punishment (there could be an argument that there 'was' indeed a crime, but never proven only a confession), forced under duress and quite menacingly. His ex girlfriend's father is an ex police officer and to be honest the Guy was and still is quite naive. Additionally, and this is crucial, he also had two brothers who were and still are operating within the same Group (not store) as employees, one quite senior - and he had no intention of jeopardising their positions any further than necessary - he left quietly and dint pursue any further action.

 

Having been out of work for a couple of months, this guy applies for and lands a position as a customer sales adviser with a well-known high street electronics retailer. He completes a two week residential training course and passes with flying colours. He is seconded to a store (in advance of his regular store being refurbished) which just so happens to be in the same Shopping Centre as his previous employer. Settling in well and becoming a star performer - he is soon confronted by store management who advise him that they have been visited by two employees from his former employer (regular shop floor assistants and friends of his ex girlfriend) who have told his new employer that he was actually dismissed from their store for stealing. His new employer advises him that they will be approaching his former employer for a reference (as its still outstanding - or perhaps not even requested at this stage. NB. on the original application form the guy put 'career change' in the box where it said 'reason for leaving' and not 'Dismissed' well you would wouldn't you! He did put his former employer's name down though as a reference.)

 

We know for a fact that the reference was later sent to the new employer and in it they confirmed that the guy was dismissed - but also they gave him a very good character reference and went as far as to say that they were sure he had learnt a lesson and had no fear that he would become a good candidate for a future employer, he was likeable etc etc.

This guy has now worked for his new employer for just under 3 months (the probationary period) and in the week before he completes the period he is visited without warning and interviewed alone, by an HR Adviser from the Company, who ask him to confirm the reason for leaving his former employee - he says he was dismissed but provides all the mitigating circumstances again - never denies anything or lies about anything (he still maintains that he chose to leave the former employee - rather than pursue an unfair dismissal claim, as a Career Change - which is what he put on his form. The HR Adviser, despite a begging plea from this guy basically says there is nothing they can do, and under the terms blah blah of the contract he is now deemed to be an untrustworthy person and his contract will be instantly terminated for Gross Misconduct.

The Guy had performed very well, was in the top two performers in his store and has basically been tossed onto the scrapheap because of naivety and in attempting to rescue his life and career, he has been besmirched by a personal vendetta from people who were not satisfied that they had connived to lose him his first job - but they then set out to further destroy his life.

 

I am this guys father - I am completely abhorred by the whole sequence of events. Notwithstanding his first alleged 'crime' hasn't he been punished enough? I know enough (i think) about the legal system to know that it rarely favours the little guys in the street and by all means he has very little legally that he can do here. But morally its all wrong. How can the two 'whistle-blowers' be allowed to basically victimise the guy even further ( they, believe it or not, were interviewed by their employer who believed their story that they were acting in the best faith of alerting a fellow retailer of an employees past history - because 'they would expect the same in return from a fellow retailer' - these two individuals have both since been promoted in their positions!!!!!!)

As for the new employer - I simply don't understand why he has been further punished for an alleged crime. His 'crime' in this instance is not disclosing the real reason for leaving. It never asked if he was dismissed and lets be honest - nobody in their right mind would put that in those circumstances - he didn't lie - he answered the question naively and as he said, he could have fought that dismissal anyway). Why should that detract from his present performances with this Company where he has done nothing but shine.....................

Its all VERY VERY wrong.

 

Any words of comfort or advice would be presently greatly appreciated. I have a son who is on the verge of emotional breakdown over this. He loved his new job.......... he had one on Monday............. today he has nothing and a CV that records two jobs - two dismissals for Gross misconduct. He has been advised that he will receive a letter from his former employer detailing the appeal process - somehow I'm sure that will be a complete cul-de-sac though because of his time served.

 

Thanks for reading and apologies for any typos!!!

Edited December 7, 2011 by Blue Thunder

[honeybee13]

Hello there. What a terrible situation for you both.

 

I'm not sure what to suggest atm, but hopefully some of the others will be along later. One thing would help a lot please, if you're able to edit some paragraphs into your post to make it easier for people to read. That way you should receive more advice.

 

If you can't put the paragraphs in, which happens sometimes, post again to tell me and I'll have a go.

 

My best, HB

[Blue Thunder]

Thanks HB - I added a couple of line spaces in where I could but didn't want to break it up too much as it existing para was in itself already punctuated I thought.

I await some further advice - from fellow cadgers hopefully later.

many thanks

Blue

[rebel11]

Hi Blue

 

It doesn't sound great, Retail is full of vindictive individuals, there is a 'bullying culture' and lack of support. I think what your son needs to do is maybe do some voluntary work to take his mind off the present situation.

 

It might be an idea to contact :-

http://www.retailtrust.org.uk/get-help-now/our-services/185/1/2

[papasmurf1cx]

Horrible story... but from what you say they all acted within their powers. He doesn't have a leg to stand on. I particularly thought the 2 ex employees were totally vindictive.

 

Perhaps he could start a business on his own? What part of the country are you? Window cleaners, cleaners in homes, gardeners etc are all reasonably well paid, often cash in hand and knocking on a few doors could be helpful!??

 

This may dog him for some time unless he does something on his own.

[rebel11]

Hi Blue

 

Depending on how strongly you feel about the matter, there is nothing to stop your son writing to the CEO of the two companies concerned, copy the letters to the Retail Trust. It might be worth speaking to :- http://www.usdaw.org.uk/

There pretty pally with companies.

[Blue Thunder]

Thanks Rebel,

I feel so strongly about this I want to take it as far as possible and yes I have considered this.

Its a humane issue more than anything and its just not right - technically they may have done nothing wrong - but in this day and age it just is not fair.

I do have a problem with the first Company though as i do not wish to jeopardise my other sons' positions there and compromise them.

Thanks for the advice - I will certainly make contact with Usdaw though.

Regards

Blue

[rebel11]

I'm not a big fan of Unions, but they have various channels and the ear of various levels within a company, directors etc. Let us know what they say.

 

Thanks Rebel,

I feel so strongly about this I want to take it as far as possible and yes I have considered this.

Its a humane issue more than anything and its just not right - technically they may have done nothing wrong - but in this day and age it just is not fair.

I do have a problem with the first Company though as i do not wish to jeopardise my other sons' positions there and compromise them.

Thanks for the advice - I will certainly make contact with Usdaw though.

Regards

Blue

[stu007]

Hi

 

this is terrible and agree with Rebel get your son to write to both CEO of both companies.

 

With the former employer - Did the two employees that informed the new employer do this during that companies working hours (even if on a lunch break it still working hours)?

 

Even if they didnt i would be letting the CEO of that company know the actions of its employees and if this is Company Policy.

[Blue Thunder]

Thank you - I have strong reservations about the former Company owing to my other two sons who work there - but totally agree with your sentiments. Without this fact I would have NO hesitation in pushing on that case.

[Blue Thunder]

Update:

Written to CEO and obtained an appeal hearing - ideally need somebody with some legal knowledge as a witness - but they say either a colleague or Trade Union representative. He hasn't joined any Union - so where does he stand? Any advice would be appreciated.

Can he get some help from the Union, even if not a member and somebody with good tribunal/appeal knowledge?

[Surfer01]

Horrible story... but from what you say they all acted within their powers. He doesn't have a leg to stand on. I particularly thought the 2 ex employees were totally vindictive..

Surely those employees did not have any right to pass on the in formation to the new store where he worked as it was not in the public records and was confidential. I would assume that these two contravened the Data Protection Act and if it was not for them telling people at the new store your son would still have a job. It must be remembered that no criminal charges were raised against your son so at the moment everything is hearsay. I would also investigate thsi angle even if it is just to teach the two employees to keep their mouths shut when it does not concern them.

[Blue Thunder]

Surely those employees did not have any right to pass on the in formation to the new store where he worked as it was not in the public records and was confidential. I would assume that these two contravened the Data Protection Act and if it was not for them telling people at the new store your son would still have a job. It must be remembered that no criminal charges were raised against your son so at the moment everything is hearsay. I would also investigate thsi angle even if it is just to teach the two employees to keep their mouths shut when it does not concern them.

 

Totally agree with you - but this is for a legal bod to answer presumably.

Also, recently discovered that the meeting he attended was not pre-advised - he thought he was just attending his normal review meeting (he was in a probationary period) - they have referred to it as an 'Investigative meeting' - he was not offered any right of a companion ( not required for an Investigation meeting - unless presumably it leads to disciplinary) and was summarily dismissed by the investigative officer upon completion of the meeting. I don't know if different rules apply to people on probationary periods (I believe not according to ACAS guidelines) therefore the meeting and dismissal was completely against procedure. Wasn't it?

Also........ Get this - they waited 25 days AFTER having received his reference before firing him???? So...... he's deemed to be untrustworthy etc etc - BUT they allow him to continue working for almost 4 weeks................ Not acceptable and also against ACAS procedure isn't it?

Would appreciate any comments please.

 

Thanks

Blue

[sparky514]

I don't know anything about employment law, and would like to wish your son good luck, but I can't for the life of me understand why he admitted to a theft he didn't commit. I would have let them arrest me and then prove it, if all the evidence they had was a vindictive ex girlfriend, I think a good lawyer would have soon sorted it out.

 

Anyway, like I said I wish your son all the best, and hope he gets everything sorted. Good luck