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Complicated possible contract termination

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  • Complicated possible contract termination

    Ok please bear with me on this and i will try and explain as best i can.

    I was previously employed by a telecoms giant for 5 years and towards the end i was investigated for two things, one was for allegedly working or starting another company that infringed on their work. And the second was for being in receipt of controlled substances on their premises.

    for the first charge i showed that first of all the business was not infringing on their work as it was not a work stream that this company dealt with, and secondly the business was never even started it was purely a pipe dream and a facebook page to gauge interest. The business was never started, registered or took any business.

    The second charge i was brought in to answer questions by their security team, they pointed out that on certain dates i had ordered some products to a work address. I had printed off some government advice stating that until a certain date it was illegal to import said products, but after another date it was completely legal, the meeting was left there really and i was playing a waiting game to see what was to happen next.

    In this time i was offered another role which i took as i was under a lot of stress and i needed a new start, i later received a letter stating that they had received my letter of resignation and gave my last date of employment. Now roll forward three years and i applied to the same company as they were looking for contract engineers, i applied and gave my previous work number as it does ask if you have ever worked for them before, there were no issues and i gave former managers there as references.

    I was working there for a year and constantly received excellent and documented feedback, i was the very last contractor to go as they were looking to end the contractor contract and use more direct labour, my manager tried to fight for me to stay as he said i am needed and my work was excellent.

    This was overruled though as it was purely a financial reason, he did though push me to apply for a permanent position as they were recruiting and he would put his recommendation in. I did so and passed all the online steps and during these steps i gave my previous engineering IDs (one as a permanent staff and one as a contractor) i was assuming they were conducting their checks then as this took 5 weeks. I was then given a face to face interview date, during this i was asked about my previous time with the company which i told them everything and omitted nothing.

    It took a further 7-8 weeks for them to let me know that i had passed this phase and was offered a position, and this would start in another 8 weeks, anyway once i had started i went to an induction week where i was issued equipment and corporate wear, i then completed another three weeks in the job before receiving a visit from two managers. They asked if we could go somewhere private to talk, there they had two copies of a letter one for me to sign (which i didn't) it stated that it had come to light that i had previously worked for this company and left whilst under investigation and that my reason being " for another job" was not acceptable so therefore they were terminating my contract.

    I said that this was not correct and that i had left for the mentioned reasons, i had not got to the stage of disciplinary and that i had been honest and upfront from the beginning and throughout every step of the recruitment process. I could have simply lied as they got my surname incorrect the first time and it was left , i could have omitted my engineering ID and simply given my real surname and they would never have been the wiser.....i didn't as that would be dishonest and i am not starting employment under a lie.

    Also i have been working on their network for a year having given the same information as i had just done for the permanent role and there were absolutely no issues and no disciplinary issues, in fact quite the opposite, now i have been told that they will not push the button just yet as he needs to get a little more information, and i know that unfair dismissal (if it came to that) is not an option due to the length of time i was there. But surely if i was cleared of any wrong doing, was given the all clear by the MHRA (and believe me the went through everything with a fine toothcombe as they had my phone for a year!!!!) and they went through my complete financial accounts (banks) even when they visited me they said that usually when they get a call they expect their haul to be great with a full pad of goods itemized and recovered ( they had only my phone which they returned) i was later told by MHRA that someone had called anonymously and made an accusation, and the fact that i was not aware that they were visiting was proof that i had done nothing.

    Now i think that whoever it was before has again stabbed me in the back as there is no way it takes that long to complete security checks for a company of this size, i mean had i been told at the very begining you would think ok fair enough, you would still challenge if innocent. But to let me start work, say no to other work and then do this to me whilst i was in work and take the corporate clothing from me and van and equipment was simply cruel. It leaves me in limbo and in a mess financially as i have to look for work again just in case they say....well.


    Please can someone advise me here as i do not feel as though i have been treated fairly at all.
    Last edited by Kati; 30th July 2018, 10:13:AM.
    Tags: None

  • #2
    tagging Ula mariefab xx
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    • #3
      Originally posted by Kati View Post
      tagging Ula mariefab xx
      Thank you.

      Comment


      • #4
        What's the current position, are you suspended while they investigate the circumstances of the previous investigation or have they dismissed you ?
        during this i was asked about my previous time with the company which i told them everything and omitted nothing.
        so at the interview you told them about the investigation and not having reached an outcome as you left to another job ?
        #staysafestayhome

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        • #5
          Well it is a little confusing to say the least, the initial paperwork did say that my contract had been terminated, after i said that the information in the letter was incorrect he went away to speak to the person in the letter that is charged with making any decision. I was then told "he isn't going to push the termination button just yet, i think he wants to get some more information" Now something was telling me to go back throughout the emails i received during the whole recruitment phase and one email was from HR saying that i had ticked the box to say that i had previously worked for the company before and could i elaborate by stating whether i had taken a leavers package and what my NI number was. I responded by giving the required information. The next email i received was from HR but copied in was the guy that was in charge of recruiting and had later mentioned the possibility of it being terminated and he said " very good, i will check with the line manager to see if he was under a case" and this was in April ( i started work for them on June 8th) and they had previously stated in an email that they would perform the checks before i start. So all of this information would lead anyone to believe that all checks have been completed. No in the interview i did not need to tell them of any investigation as it was not a disciplinary. Also any and all information would be contained within my engineering ID, this smacks of all checks being completed and nothing found (and why should it as i resigned) but someone later down the line contacting someone and suggesting that something else happened. Myself and others strongly believe this to be the case. Because of their actions i have entered into a legally binding contract for childcare for my son as my wife and i would both be working, so presently i am paying for full time care when i face the possibility of my contract being terminated. Something just is not right here.

          Comment


          • #6
            I agree that it's cruel and neither fair nor right.

            However, the fact that the termination button is currently on hold is a hopeful sign.
            Can you get in touch with the manager who recommended you to explain the situation and ask if he'd be prepared to weigh in with his opinion on your value to the Company as a worker?
            If so, do it quickly in case they call you in to hear all the details of your side of the story.

            Comment


            • #7
              I was told to contact the recruitment manager via email only (which i have and received no reply as yet), i have also gone through all my emails from application to recent events. At three stages throughout the process they have said that i have completed all of the pre employment checks and they are happy to give me a start date and offer a contract. With me asking the question "are you sure i have done everything required, have all checks been completed" and them replying that they had. Only for this to happen last week, now i have spoken with the union who have said that i have no rights seeing as though i have not been with them two years (don't get me started on this as it is disgusting) but they would expect them to play fair as they are a blue chip company.

              Comment


              • #8
                Would they be in breach of contract? i mean they say that they have completed all necessary checks and have stated so on several occasions. Yet they now claim that my contract is being terminated for this reason, yes i know it would be a very complicated issue but surely there is a breach here?

                Comment


                • #9
                  now i have spoken with the union who have said that i have no rights seeing as though i have not been with them two years (don't get me started on this as it is disgusting)

                  Whether it's disgusting is a matter of opinion.
                  But the union simply correctly advised you of the law.
                  In this country (with a limited number of exceptions) any employer can dismiss any employee without being required to give any reason at all if they don't have the required length of service.
                  It used to be 1 year of service but Parliament decided to increase it to 2 in 2012.
                  One of the main justifications was that 1 year was an insufficient period to enable an employer to decide if an employee was a keeper.

                  Unless there's a clause in your contract guaranteeing you a permanent position of unlimited length once their stated time period for employment checks elapses, there's no breach.

                  Last edited by mariefab; 31st July 2018, 14:25:PM. Reason: Forgot a bit.

                  Comment


                  • #10
                    Originally posted by mariefab View Post
                    now i have spoken with the union who have said that i have no rights seeing as though i have not been with them two years (don't get me started on this as it is disgusting)

                    Whether it's disgusting is a matter of opinion.
                    But the union simply correctly advised you of the law.
                    In this country (with a limited number of exceptions) any employer can dismiss any employee without being required to give any reason at all if they don't have the required length of service.
                    It used to be 1 year of service but Parliament decided to increase it to 2 in 2012.
                    One of the main justifications was that 1 year was an insufficient period to enable an employer to decide if an employee was a keeper.

                    Unless there's a clause in your contract guaranteeing you a permanent position of unlimited length once their stated time period for employment checks elapses, there's no breach.
                    Yes i already know it is the law, i was simply voicing my opinion which was the same as the union reps, and i fully understand how this affects my rights. What do have an issue with, is my employer telling me that they have completed all the necessary and required checks and that i was fully cleared to work. Even when i have asked them to clarify that everything has been completed and i am free to start and they state that it has, and when the hiring manager states in an email that he is aware that i have worked for them before and would "speak with the line manager to see if he was under a case" 2 months prior to my start date (and then confirmed by HR thus clearing me to work) and then the same hiring manager is the one that says my contract is to be terminated when im 5 weeks in to the job. That......is what i have an issue with, when i have turned down two much better paid jobs and signed a legally binding contract for full time child care at my expense because myself and my wife would be working......when i am now at home in limbo and could have my son here and save much needed money. also with no one even acknowledging my email and saying they will look in to it. I think most people would be very annoyed at this.

                    Comment


                    • #11
                      Sorry, I thought you were having a dig at the union.

                      Originally posted by mariefab View Post

                      Unless there's a clause in your contract guaranteeing you a permanent position of unlimited length once their stated time period for employment checks elapses, there's no breach.
                      As they haven't pushed the termination button yet I assume that you're currently suspended on full pay. Is that correct?

                      They could have easily (and fairly in law) sacked you on the day the two managers came to see you and/or on any of the days since.
                      The fact that they haven't done so can only suggest that they are considering keeping you.

                      Are they very busy? Will your current absence cause excess workload for the remaining team?
                      The only other thing I can suggest is that you email the recruiting manager saying something along the lines of; You understand that he has a decision to make and you don't want to pressure or hurry him. Ask if it would be possible for you to return to work in the meantime until he decides. Perhaps say you feel you're letting the team down by your absence and that you're going nuts worrying and twiddling your thumbs at home.
                      You've met the guy so word it how you think it would most likely appeal to him.

                      It's a long shot but I can't think of anything else.



                      Comment


                      • #12
                        Originally posted by mariefab View Post
                        Sorry, I thought you were having a dig at the union.



                        As they haven't pushed the termination button yet I assume that you're currently suspended on full pay. Is that correct?

                        They could have easily (and fairly in law) sacked you on the day the two managers came to see you and/or on any of the days since.
                        The fact that they haven't done so can only suggest that they are considering keeping you.

                        Are they very busy? Will your current absence cause excess workload for the remaining team?
                        The only other thing I can suggest is that you email the recruiting manager saying something along the lines of; You understand that he has a decision to make and you don't want to pressure or hurry him. Ask if it would be possible for you to return to work in the meantime until he decides. Perhaps say you feel you're letting the team down by your absence and that you're going nuts worrying and twiddling your thumbs at home.
                        You've met the guy so word it how you think it would most likely appeal to him.

                        It's a long shot but I can't think of anything else.


                        Oh no, i am staunch supporter of the unions and always have been, it is a strange one as it is an apprentice program ,although i am fully qualified ( don't get me started on this either as there is no option when applying to say i have experience.....so i have had to go this route. So you are classed as training so there is no workload as yet. I have received an email that the union have arranged a call with the manager for next Wednesday and if they can bring it forward then they will. I am really sorry if i appear to be quick to rant.....i really am..its just that this has caused massive stress and worry at a time when we really do not need it. This has come at a time when we do not get any child care funding and we are on smaller salaried so it has really hit financially, it is even worse when you have done absolutely everything by the book and you are suffering through someone else, this whole situation could easily have been avoided, and sue to this ridiculous 2 year rule, business can ride roughshod over employees and it simply is not right.

                        Comment


                        • #13
                          As they've arranged a call with the manager for Wednesday, forget my email suggestion.

                          I know that it's a very hard situation for you. Feel free to rant. But from an outsider's point of view I'd say that there's a real possibility of a good outcome here.
                          If their inclination was to sack you they could have done it in less time than it took to chat to the union. Instead he's not planning to talk to you until next Wednesday! They know that they don't even have to give you a reason. So, if they were going to sack you why wouldn't they just get on with it?

                          Comment


                          • #14
                            So now under new rules, they can sack you and not give you any notice or pay and give absolutely no reason as to why? i mean surely the bare minimum must be that that they pay you for your notice even if they do not wish you to work it. the thing is he had already given me the termination paper and the months notice, then when i voiced that their intel was incorrect he said (via the manager issuing the termination) that he was going to "hold off pushing the termination button just yet". Im guessing the original paperwork still stands then with the months notice? or is that withdrawn pending them looking into it?

                            Comment


                            • #15
                              No, to the notice and notice and pay question and Yes to giving absolutely no reason as to why.

                              I didn't realise that they'd already given you written notice of termination. This changes things inasmuch as it will apply if they should decide to uphold the original dismissal. i.e. They won't need to sack you again.
                              So, your current position is, unfortunately, one of waiting to see if they are going to change their mind.


                              Comment

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