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I was unfairly dismissed at the start of the year after another employee made a false allegation against me.

This could have easily been disproved but was dealt with very unfairly and I was dismissed. I appealed but this was also dealt with unfairly.

The company is under new management now and I want to build a case for possible rehire. I understand that I don't want to request to much information, just what's important. So which personnel files should I request? And is there anything outside of my personnel files I should request?

  • Are you talking about a legal battle? – Sourav Ghosh Nov 21 '19 at 15:50
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    In all honesty, let it be. You are in a lose-lose situation if you pursue anything. The company won't release the files to you, in fear that you'd bring a lawsuit, in which case, you'd need to file a lawsuit to get them. You will never be rehired at that company, and too much time has passed. Move on. – Old_Lamplighter Nov 21 '19 at 15:55
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    Are you talking about personal files (files belonging to you) or personnel files (HR files about you)? – shoover Nov 21 '19 at 16:07
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    @motosubatsu I was two months into my contract at the time of my dismissal. Although I'd worked there for over a year as an agency worker first. Tribunal wasn't an option because of this. – D M Nov 21 '19 at 16:18
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    If I were you, I would ask for all of my personnel files, including any performance reviews, then see what they give you. Without a lawyer, I don't think they'll send you many relevant documents anyway. And hiring someone that was fired, I don't think a new owner would do that (unless there was a very good legal reason to do so). – Stephan Branczyk Nov 22 '19 at 0:19
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If the goal here is to get rehired - do nothing. You would be wasting your time. You weren't employed there long enough and weren't dismissed for an "automatically unfair" reason so you cannot challenge the dismissal.

It sucks, I get that - but there's simply no legal basis to challenge this on and you've already been through their internal processes (twice) which would be the only way to affect this. Essentially your short tenure (< 2years) and the lack of an "automatic" reason means that in an employment sense of the term this wasn't an "unfair dismissal", no matter how "unfairly" it may have been handled in the colloquial meaning of the word.

For your own sake as much as anything - Let it go.

If you wanted to go after the employee you feel wronged you then there maybe ways to do that (IANAL) but in that scenario you need to be talking to a solicitor, not internet strangers - if there needs to be any documentation requested from the employer's records to support that case your solicitor will direct you on what that would be (and would potentially even handle such a request for you themselves).

If you were interested in potentially working for that company again in the future at some point then a legal outcome proving that the other employee lied to get you sacked might help - although it's far from a certainty and it wouldn't entitle you to your old job back - that job is gone.

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    If you really want to go down that route, I have to say I would strongly advise against it, it's going to get really expensive, really fast and has extremely slim chances of success, even if you successfully win your case. Then your first step is that you need to talk to a solicitor. You aren't going to get anywhere trying to work out what to ask for yourself. – motosubatsu Nov 21 '19 at 17:09
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    +1 to that. If your intent is to sue, don't say a word to anyone without talking to a lawyer first. IME, Employment lawsuits are often lost because of things that happen prior to seeking a lawyer's advice. But I can't help but ask, why would you want to work for an employer whom you had to sue in order to keep your job? Do you expect that you'll be treated as everyone's best friend after that happened? It seems likely that no one there will like you, and your future will be one of constant struggle. Weigh that against wiping the slate clean and starting over with a new employer. – dwizum Nov 21 '19 at 21:27
  • It might not be unfair dismissal but it could still be defamation of some kind, and the accuser or former-employer might have to prove the allegation was true to win an effective court challenge. Whether that's a remotely practical or useful route I don't know, it may be impossibly expensive, but there's a chance it'd get some compensation and/or better references in a settlement. Again, as @dwizum says, a lawyer is the first place to go. – Alex Hayward Dec 15 '19 at 9:52

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