Job offer withdrawn due to sick leave???

Stealthfins

nuckeythompson wrote:

Rubbish, attendance is a standard question. Solicitor is always a very last resort. If you are known or have details published relating to a legal case against an employer you will find it very difficult to get future employment

If I was a solicitor I'd clean up on boards.ie

jimmycrackcorm

nuckeythompson wrote: »

Rubbish, attendance is a standard question.
Solicitor is always a very last resort. If you are known or have details published relating to a legal case against an employer you will find it very difficult to get future employment

I've been to some management courses run by IBEC and some of the examples they gave from cases in the labour court were very surprising. A good solicitor could easily present a case where the previous employer specifying the sick leave taken was part of a pattern of bullying that the OP experienced.

Remember, the previous employer was under no obligation to share that information but chose to.

nuckeythompson

jimmycrackcorm wrote:

I've been to some management courses run by IBEC and some of the examples they gave from cases in the labour court were very surprising. A good solicitor could easily present a case where the previous employer specifying the sick leave taken was part of a pattern of bullying that the OP experienced.

Well and good, I know so many people got ****ed over by employers. They have the boss bang to rights!
I was bullied out of a good job once. Went to a very decent solicitor who I know well for legal advice.
Mr T.G. gave me the best legal advice ever. He told me to orchestrate my perfect exit and own the situation.
His words not mine, ' do you think I'd take on someone who sued their ex employer' ? **** no
Too many people here run to a solicitor and then they are on Google .
I just take it as experience!

CruelCoin

Bicycle wrote: »

The area is complex - bullying can be used as a basis for constructive dismissal. So you should seek legal advice from an experienced employment legal practice.

But there is some good information here: http://www.citizensinformation.ie/en/employment/equality_in_work/bullying_in_the_workplace.html

Talk about ambulance chasing....

FrStone

davo10 wrote: »

You'll have to go back and read the post again, I'm an employer, I received a request for a reference for a former (excellent) employee from the HSE, in other words, the HSE were hiring her. One of the questions on the reference form related to days absent from work excluding holiday leave in the previous six months. i.e, the public service request details of absences when looking for references so how could this be considered discrimination?

I would imagine it is very difficult to get a good reference from an employer who you have accused of bullying. By giving you a good reference they are confirming you are a good employee which makes it very difficult for them to defend the accusation by saying there were issues with your work/behaviour. I suspect in a lot of cases there is some leeway to negotiate a good reference in return for leaving quietly. I'm not saying this is the right thing to do, but it can be the practical thing to do. A lot of prospective employers make a discreet phone call to previous employers and can draw their own conclusions to the tone, brevity of answers to pertinent questions. The simplest being "would you employ her/him again?"

I come across alot of cases in work where employees have sued their current or former empolyer for bullying etc. Generally, the case is settled outside of court and the employee gets a payout but also the wording of a written reference is agreed at that stage too.

I know quite a few companies will only give a reference stating the employees position and how long they have worked with the company as the area of employment references is highly litigious.

I would also have a significant concern of an employer providing details of your sick leave without specifically asking your permission. It is likely to be in breach of data protection legislation. The best thing you could do is seek independent legal advice.

Mrs OBumble

FrStone wrote: »

I would also have a significant concern of an employer providing details of your sick leave without specifically asking your permission. It is likely to be in breach of data protection legislation. The best thing you could do is seek independent legal advice.

I would assume that a reference was only sought with the OP's permission.

If not, then giving sick leave data is the least of the issues.



Agree with the rest of our post though: the best option for the OP is some kind of settlement with their current employer.

daheff

Stealthfins wrote: »

More discrimination again, an employer isn't meant to give a negative reference.

I'd go to a solicitor as soon as possible.

An employer can give any reference they want, so long as its factual and they have your permission to provide personal information to a third party.

Yourself isit wrote: »

Is that not a data breach? Privacy breach?

Only if permission was not given to the company to provide personal information (ie a reference)

beauf

Mrs OBumble wrote: »

...Agree with the rest of our post though: the best option for the OP is some kind of settlement with their current employer.

I don't see how the OP can move on without that. Unless they get a job that doesn't require a reference.