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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask whether I can be sacked for this?

133 replies

JustHopingForAnAnswer · 03/12/2022 18:25

I have name-changed for obvious reasons. Anyone know whether staff can be sacked for being in contact with past colleagues?

In order not to drip feed, quick details (necessarily vague) I work in the UK (England) in an industry which seems to have a high turnover of staff at every level. Recently several people have been removed, all a bit of a blow up. I have remained in contact with one of the leavers but learned today that anyone in contact with these past employees is in danger of being "immediately sacked". Surely not a sacking offence?

We have no HR, that's outsourced to just a payroll company, so no-one to ask. But AIBU to think a company can't sack someone for contact with a former employee?

OP posts:
itsthelittlethinggs · 03/12/2022 18:25

How long have you worked there?

Fandangoes · 03/12/2022 18:26

Of course not! Just don’t divulge any company secrets

bitfit · 03/12/2022 18:26

I wouldn't have thought so, how could that be a sackable offence. I've you've been there less than two years you don't have much protection though

Theunamedcat · 03/12/2022 18:27

Read your contract buy if you have been there less than two years they can get rid anyway

Tali5ker · 03/12/2022 18:27

As long as you aren’t discussing the company or business at all, you’re fine.

but bear in mind with less than 2 years service they can dismiss you anyway.

OverExcitedPanda76 · 03/12/2022 18:28

Depends on how long you've been working there for. If it's less than (I think) two years, they can sack you for pretty much any reason (as long as it's not discriminatory etc). Obviously, the reality is always more complicated than that... might be a good idea to seek professional advice?

JustHopingForAnAnswer · 03/12/2022 18:28

Only worked there about 18 months. And no, I haven't divulged company secrets, I know not to do that as it's in the handbook.
I'm just not happy with the "threat" in the workplace.

OP posts:
pecanpie24 · 03/12/2022 18:28

No!!!! You are allowed to do what you want out of work. I've had the exact same issue with an employee who was sacked. My friend is a HR manager. She's advised me it's illegal to sack over this offends.

JustHopingForAnAnswer · 03/12/2022 18:29

Yes, I guess being there less than 2 years means there isn't much protection anyway.

OP posts:
HappyHamsters · 03/12/2022 18:30

I doubt you can be sacked, on what grounds? How would anyone know anyway. Were the ex staff sacked, disciplined or suspended and been told not to discuss their circumstances with other staff. Who told you its sackable, .have they put it into peoples Contracts. Contact ACAS for advice. Sounds more like bullying and intimidation.

OverExcitedPanda76 · 03/12/2022 18:31

pecanpie24 · 03/12/2022 18:28

No!!!! You are allowed to do what you want out of work. I've had the exact same issue with an employee who was sacked. My friend is a HR manager. She's advised me it's illegal to sack over this offends.

Please be more careful giving advice. As I and others have pointed out, the legality of sacking somebody for that reason depends on a number of factors, including how long they've worked at the company. Whilst well-intentioned, your advice could mislead the OP, with actual consequences.

JustHopingForAnAnswer · 03/12/2022 18:31

#pecanpie24 That's heartening to hear, I would have thought in my own time, outside work, should be fine as long as I'm not trashing the company (as it were).

OP posts:
MintJulia · 03/12/2022 18:32

Fandangoes · 03/12/2022 18:26

Of course not! Just don’t divulge any company secrets

This.

What you do in your own time is your business, as long as it doesn't reflect badly on your employer in any way.

thelobsterquadrille · 03/12/2022 18:32

You have pretty much no protection if you've been there less than two years. The only protection you have is if they try and dismiss you on discriminatory grounds - eg. because you're pregnant or disabled.

So while they can't stop you socialising with ex-colleagues, they could easily find another reason to get rid.

tickticksnooze · 03/12/2022 18:33

You have under 2 years employment. They can get rid of you for any reason that isn't related to a protected characteristic, which this wouldn't be.

So yes they could get rid of you for this if they wanted.

JustHopingForAnAnswer · 03/12/2022 18:34

The ex-staff were disciplined, it was a bit complicated.

OP posts:
healthadvice123 · 03/12/2022 18:34

Sometimes ex colleagues can be friends of even a partner
So I can't see how any company could sack you for that reason, legally if meeting in your own time , not discussing work etc
The 2 year thing yes they can get rid so could just use any reason though so be careful there
But personally I would be looking for another job anyway as it doesn't sound a nice place to work , telling you who you can be friends with etc

Fiddledeedeeee · 03/12/2022 18:35

It’s normal that the people who’ve been ‘removed’ will have restrictions in terms of confidentiality (not to tell anyone about the details of their settlement agreement) and probably restrictions on taking former colleagues with them to new employers etc, but not normal that current employees can’t talk to former ones full stop. Unless you’ve signed an agreement too, which you haven’t.

JustHopingForAnAnswer · 03/12/2022 18:36

OK, I see. Not much protection owing to my length of service, they could get rid of me for any other reason they dream up. Which, having watched others being 'removed', I suppose wouldn't surprise me.

OP posts:
healthadvice123 · 03/12/2022 18:36

@tickticksnooze but would they actually use that reason or just something else as looks a bit shit on them telling people who they can and cannot be friends with and not encouraging people to want to be there

JustHopingForAnAnswer · 03/12/2022 18:37

Yes, I'm looking for another job, the place is too complicated to work in anyway.

OP posts:
OverExcitedPanda76 · 03/12/2022 18:37

JustHopingForAnAnswer · 03/12/2022 18:36

OK, I see. Not much protection owing to my length of service, they could get rid of me for any other reason they dream up. Which, having watched others being 'removed', I suppose wouldn't surprise me.

Of course, if they did try to get rid of you, they would have to show it wasn't related to a protected characteristic. So if you were to argue that your friend (and former colleague) was providing you key support with your mental health, well, that would be a Problem for them. Just saying.

JustHopingForAnAnswer · 03/12/2022 18:39

I like the key support idea!

OP posts:
OverExcitedPanda76 · 03/12/2022 18:41

JustHopingForAnAnswer · 03/12/2022 18:39

I like the key support idea!

... and if you take it to logical conclusion, if you quit because of the threat of having to stop being in touch with your former colleague, well, that's constructive dismissal.

tickticksnooze · 03/12/2022 18:45

There's a pretty high burden of proof if you want to take them to tribunal for discrimination.

There's also a thing called perjury if you just make shit up.