To ask whether I can be sacked for this?

[JustHopingForAnAnswer]

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?

How would they know? Just don't mention her/him and don't have anyone from work on your social media. Make sure social media is private obviously. None of their business anyway. Play dumb, plead ignorance if seen together.

It's not a fair reason for dismissal but I'd advise you to play your cards close to your chest until you have full employment rights. It's a pretty draconian way for an employer to behave.

No!!!! You are allowed to do what you want out of work.

Not in the UK you're not.

@OverExcitedPanda76 that most definitely would not count as discrimination.

The onus would be on op to prove they had dismissed her due to a protected characteristic. So if op wished to show she was dismissed because she was disabled she would have to prove that (I) she was disabled (as defined by law), (II) that her employer knew that and (iii) that that was the reason they dismissed her.

so the above post is complete rubbish. As others have said if you don’t have two years service there is no recourse for unfair dismissal. Discrimination actions would be possible but you would need to have a genuine case.

So in theory it depends.

If, for example, you were a teacher or worked with children and this person had been fired due to safeguarding concerns staying in contact is going to cause problems.

And as a general side note if someone has been fired it isn’t going to serve you well.

this is all irrelevant though as at this point you’re only rights are afforded to you by the equality act and that wouldn’t apply here even if you are a protected character.

protected characters can be terminated, the only thing they can’t be is terminated because of their protected characteristic.

Really? Are you sure about that? Because I can easily see a tribunal ruling that an employer disallowing contact with an acquaintance that provides key support for any mental health issue without a good operational reason constitutes discrimination. Anyway, as I keep pointing out, whether or not the case succeeds at tribunal is secondary to the leverage that can be applied by the threat of filing it.

Please stop giving advice on something that you're clearly not legaly equipped to give advice on.

"legally" FFS

I mean, I've done this, more than once. But hey, I'm sure you're right. ;-)

The point I think you are missing is that there is no clear-cut measure of whether a claim will succeed, and the employer has far more to lose by rolling the dice. As for the employer knowing about the disability in advance, well, you'd only have to tell them at the time they dismissed you. That's certainly been sufficient in previous claims.

There is no such thing as a 'protected character' as if there were she'd certainly be one, as would we all given we all have a sex and an age at least!

Well, having been directly involved in... three, I think, employment tribunal claims, and several more claims where the employer backed down before a claim was made, I suspect I'm somewhat more qualified than you. So, unless you want to restrict this thread to advice only from qualified employment solicitors, I'll carry right on...

That’s complete rubbish. If op made any such ridiculous claims it would be struck out straight away. In order for it to be an actual disability ops mental health would have to be so poor that she had a significant mental impairment for over a year. She would have to prove this with medical evidence. Keeping in touch with friends is irrelevant in the context.

also costs can and are awarded if people bring cases which have no prospect of success. This would be one of those cases.

OP, if I were you I'd seek advice from ACAS. They will confirm the correct advice you've received here and explain why some of the suggestions some people have put forward are inappropriate.

Please stop - you’re talking total rubbish. You could get someone in real trouble.

Hmm. Not really, no. Certainly I don't think an employment tribunal would strike a case out without actually hearing the evidence first. And simply stating that you had an existing MH condition that had persisted for over a year would clear that hurdle. Medical evidence is useful, but not absolutely essential. Or at least not in my experience. As for no prospect of success, that depends on what advice you've had. If you can't afford an actual solicitor (and who can, these days?) then they're a lot more lenient. I've never seen costs awarded at employment tribunal, and I've seen much weaker cases than this would be.

You clearly have no idea. I do. Like I said, I've done this before. Have you? If so, how many times? As for getting somebody into trouble, my suggestion is to make a threat of taking action, if and when the OP is dismissed. How's that going to get someone in trouble?

There’s some really poor advice above. Only a few of us seem qualified to guid you (and it’s not those saying “I’ve been to tribunal eleventy times”). But you really need to seek real world advice. Start with Acas. But keep your head down and don’t rock the boat if you want to keep the role, or until you’ve got your next role.

This would absolutely not constitute discrimination. It’s a complete non starter.

as I said frivolous claims such as this could end up on the wrong end of a costs award as well as a lost job and reputation. Stop your narcissistic nonsense

Oh yes? What's your qualification then? Because I'm quite happy with my experience. Although I can't argue with the "getting real advice" part. But the OP would have to do that anyway. They insist you put the issue to ACAS anyway before you can file the claim. But if the employer has any sense, it wouldn't go that far.

@OverExcitedPanda76 I'm absolutely sure.

In the first instance this person would have to demonstrate that they have a disability. “I’m depressed” doesn’t qualify. You would need to be able to evidence mental health issues that exceed 6 months.

Secondly you would need to be able to establish that you were fired because of that disability. Not easy as in this case the instruction applies to all staff not just the disabled. So you are relying on the indirect discrimination element.

To rely on that you would need to be able to prove that having contact with an untrained individual is a key part of your ability to access employment. That’s impossible.

Oh shut up @OverExcitedPanda76 what a twat you sound. Using mental health as a leverage, just making shit up. Trivialising actual mental illness that people struggle with. Fuck off.

You don’t have any idea what you’re talking about. Your narcissism could cause real damage.

If they no longer work for the company then it's no more a sackable offence than meeting with anyone else, surely?! But keep work talk out of it.

@5128gap fast typing. A protected characteristic is a thing.