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To be fair to Sohail he is not the first and he wont be the last to obtain false references.
But I could not do it.
Quite agree, there will always be those who give false references, but it doesn't make it right. What exactly was he sacked for anyway? That may explain why there was no forthcoming reference and also give insight in to his character. The tribunal was probably made aware but I doubt if anything else will come to light. Not someone I'd like to hire...
Punishment does not fit the act. They are people with far worse acts, who were not excluded.
It is not a huge issue as it is made out to be. It is wrong, but not a serious wrong.
The panel sound like a big-headed bunch of hypocrites. Again going for the small guy/person.
“no other sanction would adequately reflect the gravity of [his] offending behaviour” - Many other options are available. They wanted to take the simplest route.
They sound akin to the 19th century Admiralty, I am just reading again all the Hornblower books, invariably the prescribed punishments for virtually any transgression is either hanging or a fleet flogging (which is pretty much a death sentence in itself).
Presume this is what inspired ICAEW.
Punishment does not fit the act. They are people with far worse acts, who were not excluded.
What's (professionally speaking) is worse than dishonesty and getting someone else to lie on your behalf?
And in this case (unlike many audit failures), the wrongdoer is the sole culpable person.
FirstTab wrote: Punishment does not fit the act. They are people with far worse acts, who were not excluded.
What's (professionally speaking) is worse than dishonesty and getting someone else to lie on your behalf?
And in this case (unlike many audit failures), the wrongdoer is the sole culpable person.
Quite. You cant lie as an accountant. Dishonesty is fundamentally incompatible with being an accountant. Any lying when you get caught magnifies the offence. See Boris Johnson.
I find the behaviour of his former employer somewhat harsh, whilst they might not wish to give a reference as to how he had performed his duties they ought at least to have confirmed to his prospective new employer that he had worked for them between X date and Y date.
Something about this stinks. Talk about taking a bullet to a fly. He has since found another job so his sackable offence couldn't have been that bad.
I may be wrong, but I understood that the unreasonable refusal of a reference makes the former employer liable for damages
Did we see the wrong entity in the dock?
Having said that protagonist acted like a chump
Once you are caught admit everything and show remorse
I’ve known employers who as policy refuse to act as Referee and give references. If pushed they will just confirm job title and employment dates. I would think that even if a regulatory body “required” one to be provided they would be hard pressed to enforce it beyond that minimum. Anything beyond a statement of fact is subjective; and the reason why not given.
An employer is not obliged to provide a reference for an ex-employee but if they do, it must be truthful.
Obviously this can open up a big can of worms so a lot of businesses will only divulge the minimum information, or sometimes not at all.
Is it not that an employer has the right to decline to give a reference but cannot give a negative one.
Wrong.
References must not be misleading or discriminatory. Nothing in law to restrict bad references as long as they are accurate.
I thought by now most firms would simply confirm dates of employment and nothing more, for fear of litigation if they made any subjective comments. Surely the firm would be obliged to provide this as a minimum and a prospective employer would understand if that was all they could obtain?
That being so, it was unnecessary for the ex-employee to resort to such desperate measures anyway.
Strange case really.
I have some sympathy if the original employer was an uncooperative bully or whatever, but the attempted cover up has, as usual, made things far worse.
I don't know which is worse :-
~ Contriving to obtain false references
~ Lying about the ensuing deception
~ The unfair dismissal described by Sohail as humiliating.
Judging by the 'coming clean' and contrition expressed at the tribunal, I guess the latter can be discounted.
To be fair, I've been impersonating someone who knows what they've been talking about for some time now
This seems targeting the poor fellow and avoiding the big fish.
Also as mentioned Sohail has been reemployed by the same Firm which did refuse t0 give reference, speaks volume about unethical bullying by Employer, advise to Sohail, Go for your own firm even though you will not have charted status still you will be better off than working for pennies in these firms.