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 is this even possible? I have heaps of friends from past work places, surely you can be in contact with whoever you want?

@OverExcitedPanda76 theres absolutely no way you’ve worked in this field. You’re literally advising people perjure themselves.

@OverExcitedPanda76 I am an employment lawyer and it’s clear to me that you have never worked in law. Perhaps low level HR, or an over zealous TU rep, but almost everything you have said is incorrect.

OP, do you have restrictive covenants in your contract? Usually if so it would only be an issue for the outgoing employee to contact former staff members with a view to poaching them, as that could be a breach of their covenants. In 15 years of practice I’ve never seen a specific contractual restriction on current employees contacting former employees, but I suppose it’s theoretically possible.

It could also be possible that you’ve been specifically told not to contact them, in which case I suppose you could be disciplined for insubordination/failure to follow a reasonable management instruction, but as to whether dismissal would be fair, it would depend on a) how that was communicated, b) the company’s reason for the ban, c) your reason for contacting them (being friends for years would be different to you contacting them out of the blue for juicy gossip, for example) plus the usual principles of fairness such as length of service, fair procedure etc.

But it’s a moot point with less than two years service as they can dismiss for any reason as long as it isn’t linked to any of your statutory rights.

Given that we've established that the law will not be your friend here and that whether they're 'fair' or not is moot, practically your options are:
Accept that if you want to work there this is expected of you, cut contact and hope it doesn't come to light.
As above, but if you think there's a strong chance of it coming to light, pre empt it, go to your manager and offer full transparancy regarding the contact youve had, explain you hadn't realised the policy and hope that your track record and honesty goes in your favour.
Look for another job with less draconian policies, and in the meantime hope it doesn't come to light.
There are many variables that will dictate which option is best for you:
How important keeping contact is in comparison to your job.
The likelihood it will be discovered.
How reasonable your employer is generally
How valued you are by the company.
How easy it is for them to replace you.
How they've treated other employees who've done the same (if they've set a precedent for dismissing they will be taking a risk to make you an exception)
Only you can decide based on your unique knowledge of the company and your status.
Good luck regardless.

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.

People can see Jesus Christ in a slice of toast. Don't make it so.

I think the term @OverExcitedPanda76 is struggling to find is vexatious.

A vexatious claim can indeed fail to be acceptable to be heard a tribunal if it is determined that the case put forward and reviewed in advance doesn't have sufficient merit to believe it would be worthy of the tribunal's time, There are 'tests' that can be done to determine if a case is vexatious.

a tribunal = at tribunal

What if you were married to them?

That is not a reason to dismiss someone and would not hold up at employment tribunal.

Talking to ACAS is a good idea, but keep it quiet as I don't suppose your employer would be happy about that. Also, join a union.

Absolutely cannot be sacked...
Did you say that the company have no HR? This is probably why they can throw out threats like this. If it would cause hassle, keep your friendship with the other private, but it can't come to anything anyway. Join a union/get advice from citizens advice to back you up.

My mum was sacked from a workplace, and her girlfriend still worked there!! How would that work then?! 😂 absolutely ridiculous!!

I'm not in the UK but can't see what possible grounds they have for sacking you? This week several of us who used to work in the same place will be meeting up with a couple of current staff members for our monthly lunch - the idea that those staff members could be sacked is ludicrous. What is all this nonsense about having very few rights if you have only worked for a business for less than two years? It certainly doesn't apply in other countries.

Someone where I once worked phoned a colleague who was suspended and they said they were not allowed to talk about the reasons for suspension.

No you can’t be sacked for that. I’d love to see them justifying the sacking in an employment law tribunal.

I am sorry op you are in this position. I know when I left a company last year my staff refused a directive to not speak with me! Bless them. I am in touch with all of them. I had to leave due to a potential court case which I couldn't be involved with. I imagine that there is some privacy issues around the reasons for them leaving. It could be gross misconduct or a gagging clause. I would seek another job if you feel threatened. It doesn't sound a happy place.

Hard to forbid contact with ex employees, if it's in your own time. However seems like a toxic work environment and I'd be looking elsewhere.

As long as you’re not discussing company business with them then it is none of their concern quite frankly. If you were to divulge information then yes I can see that there would be a case for disciplinary as it is a breach of confidentiality.
You do get these type of employers who think they’re above employment law. Whether there is a HR department or not, you still have employee rights…

I was a teacher for far too many years and we were constantly being told by senior management that we could have no contact with teachers who had “moved on” for one reason or another.

Wouldn't even get to a Tribunal.

Less than two years' employment = can be dismissed for wearing a pair of shoes the boss doesn't like, never mind being in contact with somebody dismissed for anything up to and including serious safeguarding issues or fraud.

Phone ACAS tomorrow and log it with them for a timeline.

Are you in a Union?? If not, join one now.

It all depends on the circumstances. I can see in some where it would be an issue and perfectly justifiable to be sacked. For example a police officer is in touch with an ex colleague who was sacked due to serious misconduct that involved a crime. Social worker who is sacked for being in touch with a past collegue who is now considered a risk to kids etc. But in a normal day to day job no, really without telling us the line of work on your in its hard to say. All depends if it puts the company and any customers or clients at risk.

I would steer clear of the ex colleagues tbh. They've been sacked for a reason.

The company in saying what is rumoured is protecting itself and as an employee you have some responsibility to support that. Add in the fact the torieeds degraded employment rights and made it so you have no protection for 2 years and you're putting yourself in a sticky situ.

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

Good for you, the company sounds awful! Very old fashioned to try and manage by making your staff afraid, too. Research shows it's counterproductive because people resent it and either do the bare minimum or else leave. It's why Google and the other big tech companies don't manage this way.