I need help quick!! Gross misconduct/reference

[Ladymuck01]

Hi there,

I've just been offered a new job, conditional on references. I had no problem with this at all!! I happily gave current, and former employer and character as requested.

I got an email from the new employer today to say that my former employer has said in my reference that I was dismissed for gross misconduct. I am mortified as that is not what happened at all!!!

Basically, what happened, I left the company, providing a letter of resignation, with immediate effect, due to my partner having an accident, and he was a stay at home dad to our children. He was on crutches and with no family to help, I needed time off to be a mum. I had only been working for the company for 6 months, and they were not very understanding!! In a chat with my manager, he suggested I hand in my notice, got a piece of paper and a pen, and I hand wrote a letter there and then. I was happy I'd left this company on goodish terms.

3 years down the line, after being in a couple of jobs where obviously references were not requested, I've got my new job offer and I put my former employer on the reference request in good faith.

This has all understandably come as a big shock, they are saying that my manager reported me as AWOL for 7 consecutive working days, and that they then dismissed for gross misconduct. There is no evidence of my resignation on my personnel file!!!

I never had a letter to say this, I never got invited to a disciplinary, this has come out of the blue! I don't have evidence of my resignation either.

The new job offer is also being withdrawn, and I leave my current employer. In 2 days time. I will be jobless!!

So my questions:

1) Can the former employer have on my records I was dismissed for gross misconduct for AWOL? (I understand without evidence, I cannot dispute my resignation)
2) Can a former employer say I was dismissed for gross misconduct on a reference?
3) Although my job offer was conditional, can I do anything to contest the new employers decision?

Thanks in advance!!

[teaboy2]

Re: I need help quick!! Gross misconduct/reference

You need to send a Subject Access Request to the former employer for your personnel file, copy of reference, and any letters, documents sent to you by them and given by you to them plus a copy of your signed contract of employment - Then see what they send back to you.

Resignation notice can be given verbally and doesn't have to be in writing unless it specifically states so in your contract of employment.

If they failed to carry out an investigation or disciplinary procedure, or had not invited you to investigation or disciplinary hearing or not sent you any letters explaining reason of dismissal, then they hadn't dismissed you. And the reference would be libelous which would give you grounds to sue them as clearly it has cost you the chance of a job with the new employer, therefore causing you detriment.

Though personally you should speak to a lawyer/solicitor, after they have replied to your SAR request and provided the requested documentation. Check your home insurance policy as you may be covered by that for free legal representation!

It may also be worthwhile explaining to the new employer the situation too, asking them for a copy of the reference they received from the former employer and informing them you intend to sue the former employer for libel, as the reference is not accurate as you were not dismissed you resigned, nor where you under investigation or disciplinary procedure when you resigned, nor where you ever informed after resignation that you were being subject to disciplinary or received any letters stating you had been dismissed! Adding that if you had been dismissed from them then you certainly would not have given there details for a reference and therefore this is the first you know anything about being dismissed by them, which was certainly not the case!