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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I need to know what my rights are and whether my former employer

Resolved Question:

I need to know what my rights are and whether my former employer can communicate to a new employer that this situation arose and they consider me to be "evasive"
Submitted: 4 years ago.
Category: Employment Law
Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you mean that they have already put this in a reference?

What are you appealing against?

Customer: replied 4 years ago.

Many thanks.


After 5.2 months in a job I abruptly had a probationary review meeting. Although apparently I conducted myself very professionally at the meeting the employment was terminated and the reason being I was "too corporate" for the company (which is small, friendly business). I was advised in the termination letter that I was being guarded and evasive when asked about something I knew nothing about (a letter drafted by another member of staff and which I signed, an additional 4 line paragraph was present in the final letter but not in the letter which I checked and signed). The compliance procedures in the company worried me as they were not as robust as I had been used to. I am a naturally honest and open individual and I work in an industry where honesty and openness are vital. I will need to tell a future employer I have been dismissed and I worry about getting further employment plus whether the actions my former employer took were fair and legal. I certainly do not deem them to be fair. I was given 15-20 mins notice of my probationary review meeting, did not have a member of staff with me and was being questioned by the MD and the Compliance lady who had say I was evasive over this incident. The MD said he thought I was v plausible etc but he had to support his Compliance lady as she was his number 2. I think there has been a genuine misunderstanding between the Compliance lady and myself and there were even inaccuracies in her account of what happened when she repeated some of the things which occurred. I would be grateful for all help needed. I have been given 5 days to appeal and the implication is that if I appeal my severance of 2 months salary will be reduced by 50%. Many thanks.

Expert:  Stuart J replied 4 years ago.
Ben has already dealt with the appeal issue I think although that thread remains open as you havent yet given his answer a positive rating.
He also covered the employers duty to be honest in any reference.
I am not certain therefore what you want to know.
Is it whether they employer can use the word evasive and if so, what can you do about it?
Customer: replied 4 years ago.

The issue is if I have a dismissal on my records, I am doubtful to get another job in the area I know and love. Can I take my employer to court for tranishing my reputation (I am well known in the industry I work in). Thanks.


 

Expert:  Stuart J replied 4 years ago.
Do you mean can you take them to court for dismissing you over something which you dont agree with.
They appear to be dismissing you over the incident and in general and not being evasive.
The evasive comment was in reference to how you dealt with the subsequent enquiry.
In the period you have been employed they can dismiss you without reason provided they follow correct procedure.
You have no tribunal claim to make on these facts, sorry
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