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Thread: reference after cancelled disciplinary

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  1. #1
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    Default reference after cancelled disciplinary

    My employer decided to accept my resignation prior to a disciplinary...but now my reference says resigned prior to a scheduled hearing for gross misconduct. Can I do anything to challenge it? I only resigned on the agreement of a reference otherwise I would have gone to the hearing to argue my case.

  2. #2
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    Default Re: reference after cancelled disciplinary

    Quote Originally Posted by anon1234 View Post
    My employer decided to accept my resignation prior to a disciplinary...but now my reference says resigned prior to a scheduled hearing for gross misconduct. Can I do anything to challenge it? I only resigned on the agreement of a reference otherwise I would have gone to the hearing to argue my case.
    If it's factual then no. Furthermore unless you agreed in writing that the reference would be positive then the answer is the same.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  3. #3
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    Default demotion by virtue of reference?

    Can my ex employer give a different reference dependant on the pay I am getting for my new job? I have been told that if I go for a job that pays 40k (I was previously on 50k) then they would give me a favourable reference....but if I go for a job over 50k (i.e. same or higher) then they would give a reference that would detail the reasons for me leaving (an allegation of theft...which is untrue, not proved and wasn't heard in a disciplinary as they accepted my resignation)

    is this legal?

  4. #4
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    Default Re: reference after cancelled disciplinary

    many thanks

  5. #5
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    Default Re: demotion by virtue of reference?

    tagging @Ula

    I'm sure I heard that references from previous employers cannot be 'nasty' (probably the wrong word lol) ... don't they usually just entail dates of starting/ending employment now??
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  6. #6
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    Default Re: reference after cancelled disciplinary

    An employer’s reference should be fair and accurate, someemployers may only give a factual reference stating dates of employment, jobtitle and salary. If your prospective new employer asked about your reasonfor leaving then your old employer would have to give the factual reason for the termination of your employment and you will need to determine whether what has been written is correct.
    As @leclerc has said if you did not have a formal signed agreementbetween you and your old employer confirming the content of any future referencethey provide then there is little you can do other than to write to your oldemployer and ask for a copy of any reference sent to a new employer. Theemployer will need to consider if any exemptions apply before they can releasethe information.
    It is highly unlikely that a previous employer would tailora reference dependent on the salary being paid as in most instances this is notinformation the prospective employer would provide as part of their request fora reference.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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