UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you acu
Do you actually know what has happened or is it still all just speculation?
Hello. I haven't been told what the reason for the initial termination is. I was told on the phone by the Resource Solutions representative that this was a termination "without cause" e.g. I hadn't necessarily done anything wrong. With respect to the recent offer withdrawal, I received an email stating:
"As you know, it is standard process for the previous hiring manager to becontacted for feedback whenever a resource who has worked previously viaResource Solutions at xx is being considered for a new assignment. Further tothis process and to internal xx management discussions, the decision was takento withdraw the offer of assignment made to you. I would like to reiterate that there is not a process in place which wouldprevent you from working on any other assignment at xx in the future. Inapplying for roles in the future, you should be conscious of the processmentioned above and that feedback will be requested on candidates who haveworked previously at xx and who are being considered for additional roles. "
There are a few other points worth mentioning:
1) my hiring manager, a few days before the termination, did indicate that due to an organisational merger, my services wouldn't be required at some point in the future. All I took from this was that there would be a chance to have a "normal" handover and wind down of the contract. I didn't expect to be "black balled" from future opportunities.
2) at the termination meeting, I panicked and didn't give back the client laptop even though I had it on my person. I had images of family that I wanted to remove. when I got home, I did this and then returned the laptop that same evening. this, I acknowledge as a mistake.
however, they still haven't confirmed if I had breached any policy
Good morning, in relation to the initial termination, unless your contract stated that a reason for termination must be given, they could have terminated your employment simply by giving you the required notice period under contract.
The current issue is why have you been overlooked for certain positions where the opinion of the old manager has been sought. You can treat anything that person has said as a reference and in that case they will automatically owe you a duty to take reasonable care in the preparation of such reference. This basically requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than personal opinion.
The problems that you may face with that would be due to the apparent lack of anything in writing or durable form, which you can refer to. If all opinions were given verbally over the phone, then it would be extremely difficult, if not impossible, to prove that something negligent or incorrect has been said about you. It is possible to unofficially blacklist someone through verbal references because challenging this is very difficult - you cannot make a data protection request for the release of references as they are not in writing and you can also not prove what was said as there would be no recording of the conversation to back these claims.
So you are stuck in a position where the only way to challenge this is to make a speculative claim for negligence in the courts, ask those responsible to appear as witnesses and hope they are truthful in their evidence. The risks are that they may refuse to appear and a court may not necessarily grant a witness order forcing them to appear as witnesses, and even if they do not tell the truth, it would be very difficult to prove this was the case as you will not have any other evidence to show they were lying. So it is certainly not a claim I would recommend is pursued.
The best you can do now is try to gather any information from your initial employment that may provide some answers. You can contact them and tell them you are making a subject access request under the Data Protection Act and that you are requesting all personal information held about you by them. This may provide some insights into the original decision to terminate your employment.
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