Tweet
Hi everyone,
Thanks for allowing me onto your site to hopefully get some advice.
My query is as an employee:
I resigned from my previous employer due to the offer of a new job. During my resignation period I was put under investigation for misconduct due to alleged breach of policies. I was invited to a fact finding hearing whilst still with the employer but they did not conclude disciplinary proceedings before I left to start my new job.
After I had left my previous employer, they invited me to a final hearing but I didn't attend after taking advice in the matter, I was told that because my employment had already ended, they couldn't take retrospective action - as in, they couldn't fire me as I had resigned & they did not conclude proceedings whilst still in their employment. I would have had to rescind my resignation & they would have had to accept that for proceedings to continue. Their letter inviting me to the final hearing did say they could make a decision in my absence & that I would be entitled to be notified of the outcome but I was never notified of any outcome if the hearing did indeed go ahead in my absence.
My question relates to references provided by the previous employer - Can they reference the fact that I was under investigation for misconduct to a new employer despite no conclusion of the events? I know there is no such thing as a "bad" reference since all they need to do is state facts. Should I be concerned that they could say "we would have sacked this employee" despite the fact that I resigned & the allegations were not linked to this?
I don't know if they can say things like that when as far as I know, no proceedings took place & I was never notified if they did which I would have thought would be a legal requirement. Also, as I had already left due to my employment ending on the basis of resignation - how could they have sacked me or even be quoted as saying they would have sacked me.
Any advice greatly appreciated.
Thanks for allowing me onto your site to hopefully get some advice.
My query is as an employee:
I resigned from my previous employer due to the offer of a new job. During my resignation period I was put under investigation for misconduct due to alleged breach of policies. I was invited to a fact finding hearing whilst still with the employer but they did not conclude disciplinary proceedings before I left to start my new job.
After I had left my previous employer, they invited me to a final hearing but I didn't attend after taking advice in the matter, I was told that because my employment had already ended, they couldn't take retrospective action - as in, they couldn't fire me as I had resigned & they did not conclude proceedings whilst still in their employment. I would have had to rescind my resignation & they would have had to accept that for proceedings to continue. Their letter inviting me to the final hearing did say they could make a decision in my absence & that I would be entitled to be notified of the outcome but I was never notified of any outcome if the hearing did indeed go ahead in my absence.
My question relates to references provided by the previous employer - Can they reference the fact that I was under investigation for misconduct to a new employer despite no conclusion of the events? I know there is no such thing as a "bad" reference since all they need to do is state facts. Should I be concerned that they could say "we would have sacked this employee" despite the fact that I resigned & the allegations were not linked to this?
I don't know if they can say things like that when as far as I know, no proceedings took place & I was never notified if they did which I would have thought would be a legal requirement. Also, as I had already left due to my employment ending on the basis of resignation - how could they have sacked me or even be quoted as saying they would have sacked me.
Any advice greatly appreciated.
