AS ive stated in an old thread, im unhappy in my job and have been trying to get a new job.

My only worry is that because i am part of a disciplinary procedure, can my employer refuse to give me a reference, or worse refuse to let me hand in my notice?

I am on a fixed term contract, if that makes any difference.

thanks :(

:help:

Employers are not bound by law to give anyone a reference. They can't stop you handing in your notice or leaving if you so choose. Have you tried contacting ACAS?

Employers are not bound by law to give anyone a reference. They can't stop you handing in your notice or leaving if you so choose. Have you tried contacting ACAS?
True, but very few employers will refuse to do so, and even if the employee has been an utter nightmare, all that willhappen is that the reference will be a factual description of what their job was, based on terms of reference, and how long they've been employed, rather than singing their praises.

It's very dodgy legally to give a negative reference, even if it's honest - much easier to just say something that is obviously bland and let the prospective employer read between the lines.

Thanks, its just my current employer said i 'couldnt' look for other jobs while under disciplinary, i thought she meant that no prospective employer would want me, but now im worrying that she meant they physically wont let me get another job :(

Thanks, its just my current employer said i 'couldnt' look for other jobs while under disciplinary, i thought she meant that no prospective employer would want me, but now im worrying that she meant they physically wont let me get another job :(


Ring http://www.acas.org.uk/ and put your mind at rest.

They can't stop you from getting another job - go for other jobs and just don't mention it to them.

torin8, thats what im tempted to do, but wont my employer mention the disciplinary action in a reference? i dont want to be dishonest :(

torin8, thats what im tempted to do, but wont my employer mention the disciplinary action in a reference? i dont want to be dishonest :(

Your employer could do, but in my honest opinion, it would be counter productive. If you have a poor working relationship (not apportioning any blame, by the way), then it would be in the employer's interest not to mention it. It also depends on whether you mean moving out of the organisation where you work, or moving within it.

It is illegal to provide a false reference. Indeed, if one is provided, it's a rare case of criminal libel, and the reference provider could be subject to CPS action. Supplying a poor reference isn't however, as long as it is factually correct.

You don't have to mention any disciplinary offences in an application, unless specifically asked to. Bear in mind the length of any disciplinary process too; they often stay on the personnel record for a fixed time.

Hope this helps.

This article might help http://news.bbc.co.uk/1/hi/business/3065319.stm read all the way through to get full gist. To be able to mention it they have to have investigated fully and have 'hard evidence' otherwise they lead themselves open to action by you.

In the end if you are concerned then I would as others have suggested above head to acas and get their help. Also your local citizens advice would also be able to assist.

Another thing to do would be to get a couple of references from other past employers - that way you should be able to mitigate some of any damage a supposed bad reference may say.

Hiya
1) The fixed term contract doesnt come into play. Employers cannot discriminate against those on fixed term contracts.
2) They cannot stop you applying and accepting another job but you will still have to give the contracted notice period unless you are able to negotiate on this.
3) They can mention that you are on disciplinary action in a reference. However this is likely to be counter productive. If you are unhappy in your job and they have some kind of "problem" with you or your perfomance it makes sense to let you move on as easily as possible. It does of course depend on what kind of reference any potential employer has, some ask for very vague details and others are vrey specific.
If you want further advice dont hesitate to pm me

thanks for the advice, i never thought of it in the sense they should be glad to be rid of me lol! :hihi:

will let you know how i get on, ive had one interview and they didnt ask about sickness at all, id they had i would have brought it up. i was just worrying that they might contact employer before 2nd interview, and that the reference would let me down.

How do employers look at sickness? I have had a lot of time off, through various reasons, but i can easily explain that this wont be the case in the future. Do you think this would be ok? Or do employers just go on number of days, end of?

With regard to sickness some places make a big deal of it and others don't. Sometime you just have to take the chance and hope that the employer will give you the chance that you are the person they are looking for.
Good luck and don't let them get you down.

With regard to sickness, if you have had such a lot of time off, you may want to look at the Disability Discrimination Act, and make sure wherever you are, you're in a union.

Take care.