DP was sacked from his last job and current employers don't know

[PractialJoke]

DH works in a niche industry. There are three companies working in this industry in the UK (none of them are British owned) and employees tend to flow between the three of them.

3 years he was sacked from a senior position by one of them (company1). It was an outrageous situation. There was a (very big) mistake by one of the team, DH was in charge, someone in the US said "heads must roll" and it was DH who went. The mistake occurred because people were over worked, under supported and correct procedures had never been used because of the cost. DH filed a case for unfair dismissal and they settled out of court - a very substantial compensation payment, thank you very much.

He's now working for one of the other companies. He was taken on by someone he'd know at the first company who was then working for the new one. That person didn't know why he'd left company 1 though. DH said something about ridiculous working conditions and it being time to go, which his new boss accepted, as he knew exactly what it was like.

Since then, 4 more employees from company1 have joined the team where he is now. They have all said to him privately that they were outraged by the way he was treated at company1 and that was a big factor in their decision to leave. Not solidarity with him, that would be a bit much to ask, but the shoddy way they treat people. Those who were senior enough to know all the details have told him that company1 was relieved in the end not to have to pay him a lot more.

Every time I hear that another person from company1 is starting it worries me that they'll spill the beans, or that one of the existing "nice" ones will get upset with DH over something (like you do with your boss sometimes) and tell all. What would DH's position be if it did come out now, after 3 years?

I don't know about a 'legal' position, but one would hope that he had proved himself enough during the subsequent three years to show that the dismissal was unfair, a fact which is backed up by the (documentable, provable) court case.

Also, he was given a job by a previous colleague. Who would have used his/her 'insider' knowledge to employ him, but equally could have used that same knowledge not to employ him if they had doubts about his abilities.

I think this far down the line you don't need to worry.

DH was sacked years ago, completely unfairly. Essentially it was a new manager who wanted to stamp his authority and hung DH out to dry for something which all of the staff did.

DH was in the early stages of fighting it when he got another job and with some personal stuff going on at the time he just didn't have the energy to pursue it.

I've always been worried about the fact that he didn't fight it because of the effects it could have had down the line - as it happens it's never been an issue and he's on his fourth job since then! In your DH's case the fact that he won a payout proves that it was unfair so I don't think I'd let it concern me to much if I was in your shoes:l

I'm not concerned about the actual issue - I think he has proved beyond doubt he wasn't at fault. It's the fact that he hasn't been honest about it that worries me. At the time he was interviewed, the case was still on going, so there was no "proof" he wasn't at fault, which was why he didn't explain all then.

When you say he hasn't been honest about it - has he actually lied about it, or has he just not talked about it? Because it sounds like "ridiculous working conditions and it was time to go," isn't a lie, it's just not the full truth, and if it comes up at some point, he can explain by saying it was an on-going case, so he wasn't in a position to discuss it, and now it's in the past. Besides, it's not usually a good idea to go into an interview and give your exact full reasons for leaving, particularly if they're negative.

I would have thought if he's been there three years, they will have worked out that he's worth employing or not, and whether he's any good at his current role, so I wouldn't be too worried. In my experience, in close industries, you tend to hear gossip about things going on, but most people are sufficiently aware there are two sides to every story, and if other people have made the same move since, it's unlikely to look like any problems lie with your DH.

If it's not being raised by anyone else, then don't worry about it.

Well, he was unemployed when he was interviewed. He didn't lie outright - no-one said "were you sacked?" but when asked why he'd left he implied it was by choice to give himself a break and the time to sort out what he really wanted to do/find a job he could enjoy.

As it happens, that's exactly how he used the time, but it wasn't the reason he left.

I worry because the new company is the polar opposite of the old in terms of ethics. They treat their staff well, but expect a certain level of commitment and integrity in return. He knows the senior management would be unimpressed if they found out they'd been misled, but he doesn't know if they'd care enough to take any action after he's done a decent job for 3 years.

I also worry because that was a truly hideous time which I really don't want to repeat and because he's running out of options if he did have to move on again.

I wonder whether someone at his new company may actually have already worked out what had happened.

He had left a company with no other job to go to - my guess would be that they interpreted that as being likely to be a'jump before you're pushed' situation, I,e, he was going to be sacked (seems to happen quite a lot). The alternative guess would probably be that he was on the verge of a nervous breakdown. Either way, I doubt that they really believed that all was fine before he left.

If you're worried, I suppose he could tell HR that he claimed for unfair dismissal and settled out of court on terms of confidentiality.

Agree with the above.

Presumably if your DH settled out of court it was done as a compromise agreement. Being bound by confidentiality clauses is normal so I guess your DH wasn't in a position to disclose any details anyway.