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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Ive been fired for making a mistake on a security background

Resolved Question:

I've been fired for making a mistake on a security background check, 1 month into a new job.

As part of the background check, I was asked for proof of what I'd been doing for the last 5 years. I had been in full time education, and so they asked me for my A-level grades.

The grade was wrong by one letter: ‘C’ when it should have been ‘D’.

The A-level grades in question were not part of the qualifications required to do the job.

I had already been offered the job before providing details of my A-levels.

What I would like to know is how to get this in writing from the company. I was verbally dismissed and had to leave the building immediately, and have not received anything in writing yet. I want them to clarify in writing the details, rather than what my boss told me verbally which was that they would say it was just an 'integrity issue' and no more.
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can answer this.

tdlawyer :

There is a right to written reasons for the dismissal, under s.92 of the Employment Rights Act 1996.

tdlawyer :

However, it also states that this right is only exercisable once you have worked there for one year or more.

tdlawyer :

http://www.legislation.gov.uk/ukpga/1996/18/section/92

tdlawyer :

Sadly, therefore, there is no right to demand this statement if you've been there for one month.

tdlawyer :

The only way you're likely to get it, is by making a complaint to the tribunal saying what you believe the reasons for dismissal were, and they would have to confirm or deny it. It's not a proper use of the tribunal procedure, especially if they've paid you the notice period due under the contact, but it's likely to be the only way you will force them to give this information.

Customer:

So essentially I should just ask nicely.

Customer:

How would I go about going the tribunal route if they refuse?

tdlawyer :

Asking nicely is a good start :)

tdlawyer :

If they refuse, then you could complaint to your local tribunal: have a look at this - it has links to the online claim system. http://www.justice.gov.uk/tribunals/employment

Customer:

Thank you.

tdlawyer and other Employment Law Specialists are ready to help you