Should I give a bad reference

In my industry 99% of the time the only official reference people will get is a confirmation of dates. Some places will phone around asking via contacts to try and get an informal feel for the person. If the charity is shit at background research that's on them sadly.

When I was an employer I would have welcomed an honest reference having been caught out more than once by employing someone who interviewed well but whose work was definitely substandard ☹️

So many companies do that as a policy that it really doesn't speak for itself and it is a shame if people think it has some hidden meaning.

Do not do this. You cannot give a 'bad' reference btw, only a factual one.

You don't say a disciplinary process was underway, just that you were starting one. If the employee resigned during disciplinary action you can actually state that if it can be documented - but only if it is allowed within your references policy & if there is a justification for it (eg safeguarding concern). Why would you do it otherwise and jeopardise the person's future?

You need to pass this on to HR and ask them to manage it according to their usual protocols. Don't handle it yourself and give this person the opportunity to claim victimisation against you - just be glad he's gone & move on.

What a bizarre comment. Have you recently been dismissed for dishonesty?

OP I would do as the others say and escalate it to HR. If you reply to your contact very factually explaining you can't do this but HR will be in touch I suspect it will speak volumes. Most people would say something like "oh glad to hear he's got a job" or "she will be a great asset" if they genuinely mean it. Silence says it all!

I don't blame you for wanted to phone them up and tell them how shit this man is but unfortunately you cant
Let HR deal with it and if they ask you then just say that you feel unable to provide one

It is factual that he is about to be on a disciplinary and has several performance issues - that's not subjective. HR need that information to make an informed decision about whether to give a reference.

It doesn't speak for itself. Many workplaces have this as their policy and don't say any more than this - you can't make an assumption from it either way.

My old workplace would have done this exactly the same for everyone, just gave dates, whether you were amazing or terrible. That was their policy.

The best thing to do is simply decline to give a reference.

If HR provide the references at your place then simply pass it to them so that they can negotiate the legalities.

That’s all you can legally do ! You cannot and should not provide any references outside of the set parameter or you risk being in huge trouble and fired yourself

Factually he hasn't been dismissed so you answer Factually the questions

As everyone else says, pass it to HR and do not interfere. Many places only give 'factual' details in references for very good reasons, especially where someone has left of their own accord.

It is possible that if a bad reference was given, the employee could actually sue if they disagreed what was said and if no disciplinary had actually happened, there would need to be a LOT of solid evidence that what the (bad) reference said was correct. Most companies want to avoid that possibility

You could land in a lot of hot water, maybe lose your job @NotABeliever if you do anything than pass it to HR without comment.

Ps - I knew someone who was dismissed for false accounting. A few years later she was spotted working in a bank!

So then do that.

why would HR not know you were starting a disciplinary?

I think this is excellent advice.

You've answered your own question. It's HRs job. HR should already be aware of the disciplinary and may or may not factor it on.
Steer well clear.

It's not your decision, pass on to HR and let them handle it

Why write that? The OP says that HR only give factual references not recommendations.

...are you serious? Just pass to HR as your organisation requires and get on with your life, unless you want to be looking at your own disciplinary for deliberately flouting process.

I wouldn't do this

HR would already be aware of the processes commenced before he left

Also, the tone of telling HR what to do will piss them right off. HR are always up their own arse.

What sort of dishonesty? Because it seems like you're very much enjoying how much distress this conundrum is bringing you? Like it's a huge ethical dilemma that's causing you to lose sleep, wondering if Mi5 might look into any discrepancies. Just leave it with HR and if you must keep it factual and move on.

You pass the request on to hr as per company policy and leave it at that.

Then just pass the request onto HR and tell the person who requested the reference that you cannot suply one due to company policy

Just refer to HR and keep out of it.

Honestly, as is often said on here, 'it's not your circus, not your monkeys'.