Any employment lawyers available for advice?

(8 Posts)
AnonStupidIdiot Sun 25-Oct-20 10:16:50

I've messed up at work. I know that I've made a massive error of judgement and I'm fully expecting the investigation to result in a disciplinary and dismissal.

I need some advice on whether/how I can negotiate a future reference to simply state the dates I worked there, given that the error was made while under a significant amount of emotional stress from my manager

OP’s posts: |
CloudsCanLookLikeSheep Sun 25-Oct-20 11:28:47

I would advise that you offer to resign (if you're sure you will be sacked) and ask for a factual reference confirming dates worked etc.

Most employers will probably be relieved to have you go quietly, unless you've done something that they think a future employer may have the right to know about such as a medication error resulting in adverse event or something as serious

Hoppinggreen Sun 25-Oct-20 13:01:43

Offer to resign
I did it when facing the sack for GM many years ago ( was totally guilty). My reference only said the dates I worked, my position and that I resigned, which was pretty standard. It hasn’t hindered my career at all
I recently left a job where I was very well regarded and they more or less begged me to stay, it was very amicable and my reference said the same as the one from when I was facing a GM investigation.

Someonesayroadtrip Sun 25-Oct-20 13:15:15

I agree, without knowing details and you're sure you will be dismissed then I suggest resigning. As someone who has had to dismiss two members of staff for GM it would have been favourable for everyone if they had resigned.

If you are a professional job, with registration to a professional body then it makes the situation more difficult. As we have to inform them and they they investigate too and come up with their own outcome.

EatPrayYoga Sun 25-Oct-20 13:18:17

My understanding is they cannot give a bad reference so they would give you dates etc anyway

ChessieFL Sun 25-Oct-20 13:20:14

EatPrayYoga they can give whatever reference they like as long as they can prove it’s truthful. However most employers now will only give employment dates to avoid potential disputes over references.

AnonStupidIdiot Sun 25-Oct-20 13:49:38

There's no professional body or anything like that.

I'm not 100% certain I'll be sacked. It's possible that they might give a written warning if they feel they want/need to keep my knowledge in the company.

OP’s posts: |
flowery Sun 25-Oct-20 14:11:20

Unless there is a potential legal claim, a reference isn’t something you can “negotiate”. You can ask, and offering to resign may help. Many employers only give very basic information anyway these days. They have an obligation to be truthful and not to give an overall misleading impression. Giving a positive reference for someone who has (for example) punched multiple colleagues and run off with the contents of the safe would be misleading and negligent, but in most cases where an employer could legitimately give a bad reference, they’d also be ok giving a very neutral one.

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