getting a misconduct hearing overturned

[unclebobby]

About 5 years ago a friend was given a final written warning at a misconduct hearing. He kept his job, but left, as every time a small matter came up at work, he would have to be reinvestigated, The stress eventually made him leave.

Recently he found out he suffers from ADHD and realised that his actions 5 years ago were down to his disability.

Does anyone know if it is possible to have the final written warning overturned due to this recently diagnosed disability (which his doctor says has been present since birth)?

thanks

[efpom]

I can see no point in this - How would overturning a finding of misconduct in an employee employer relationship, if that is possible at all, achieve anything of value, 5 years later?

[unclebobby]

Because of the current job market he wants to go back to that job, but the black mark against him might make it impossible.

[ULA]

I very much doubt that he would be able to reopen the investigation with his ex-employer, even given the circumstance.

Since he actually resigned the only impact there may be is if a reference made to this ex-employer specifically asked whether he had been subject to any disciplinary action or any requirements to comment on his conduct.

Has your friend been in other employment since? If so there may be no need for your friend to put this ex-employer as a contact for a reference even if he wants to go back to a similar job.