ChatterBank3 mins ago
Getting A Job After Tribunal
4 Answers
What do you think the chances are of getting a job after you have taken your employer to an tribunal for (I think) unfare dismaissal?
I just wondered because I know someone who is taking their employer to tribunal for this.
The job they do is changing in both structure (what they have to do is similar but not exactly the same) and times (on call shifts rather than shift pattern) and because they haven't been given one of these jobs they are gonig for unfare dismissal.
Is it something they have to declare on a job application whether asked or not and can the ex-employer say about it or not?
Thanks
I just wondered because I know someone who is taking their employer to tribunal for this.
The job they do is changing in both structure (what they have to do is similar but not exactly the same) and times (on call shifts rather than shift pattern) and because they haven't been given one of these jobs they are gonig for unfare dismissal.
Is it something they have to declare on a job application whether asked or not and can the ex-employer say about it or not?
Thanks
Answers
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There is generally no requirement to say why you left a previous post when applying for a job. I've seen a few application forms that ask the question (in which case it has to be answered honestly) but most seem not to [or there's no form anyway, with just a c.v. required].
Like anyone else, former employers are free to write or say exactly what they like about anyone, as long as it's not defamatory or a breach of the Data Protection Act. (Unless it's presented in a way whereby statements might be misconstrued, the truth can never be regarded as defamatory in law. I can't see how the Data Protection Act would be relevant here). There may be 'codes', 'conventions' and 'advice' which stop some employers from writing the truth but there's absolutely nothing in law to prevent them from actually doing so. Similarly, there is never any requirement upon a former employer to offer a reference at all; he/she can simply refuse to do so.
Like anyone else, former employers are free to write or say exactly what they like about anyone, as long as it's not defamatory or a breach of the Data Protection Act. (Unless it's presented in a way whereby statements might be misconstrued, the truth can never be regarded as defamatory in law. I can't see how the Data Protection Act would be relevant here). There may be 'codes', 'conventions' and 'advice' which stop some employers from writing the truth but there's absolutely nothing in law to prevent them from actually doing so. Similarly, there is never any requirement upon a former employer to offer a reference at all; he/she can simply refuse to do so.
Thanks.
So the employer can ask en if it is at the interview stage then?
I wondered whether an employer would want to employ someone who has taken a previous employer to a tribunal. Regardless of justification I wouldn't want to employ someone who did that. I would be worried they would do it to me!!!
So the employer can ask en if it is at the interview stage then?
I wondered whether an employer would want to employ someone who has taken a previous employer to a tribunal. Regardless of justification I wouldn't want to employ someone who did that. I would be worried they would do it to me!!!
If the new employer treats his employees fairly, he doesn't need to fear tribunals. The past employer might say something if asked for a reference, but then the interviewer asks the candidate about what happened - all he can do is then be honest. Unfair dismissal shows the previous employer at fault, not the employee.
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