Employment Lawyers Can Answer Your Employment Law Questions
Hi Ben I was looking onto how to get advice for my son. He has had his contact terminated just before his first year of continuous service. I am an employer and understand that this can be done, but this will affect his future employment chances. They have not given any specific instances and have terminated on the grounds of 'not meeting their expectations', even though there have been no consultations in the past indicating any problems. He has been given the right to appeal. It is our suspicion that they are just shedding people as they are in a bit of difficulty with a client, we understand that there is no hope of the appeal being upheld. He would have liked to have been given the opportunity to resign rather than being dismissed. We can write an appeal but he really just wants then to let him resign. I would state the no evidence was presented to uphold the reasons for dismissal and the one thing they did sight which was true there are witnesses to counter the employers claims. Do we write an appeal and wait, this may prompt them into an investigation but will not change the outcome, or do we just ask straight if he can resign rather than wasting time with an appeal? It is all about the future employment chances. They have said that they will give a reference when needed but what will that say?
It is the validity of the reference that is worrying me. He will not be able to lie on future job applications and will have to say he was dismissed, and the reasons they have stated, 'Your standard of work and approach have not met our expectations', which has not been established, and due to present emp law never will in this case, will affect future interviews. I am worried that mounting an appeal will make then formulate a response which again can not be challenged and then they can put that in a reference. In your answer above you say that in a reference they will need to be factually correct but have offered no evidence to uphold that statement. Also my son will not see the content of the reference. Is there nothing we can do ?