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Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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Ive recently had a disciplinary hearing where my outcome was

Resolved Question:

I've recently had a disciplinary hearing where my outcome was a written warning. Before my hearing I had handed my notice in as I have received a job offer from another company. Does the company I'm currently serving my notice have the right to contact my new employer about my written warning I have received?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.

Alex H :

My name is***** and I'm happy to help with your question today.

Alex H :

Was this given in a reference?

Customer:

This was given in my letter that my employer has to give me within the 3 working days of the outcome.

Alex H :

OK. But what do you mean about the new employer? Has your new employer been told about the warning?

Customer:

No. My current employer who gave me the written warning said they will contact my new employers about the written warning that was issued.

Customer:

I want to know if this is allowed? I thought that's the whole point in having references.

Alex H :

If they contact your new employer and disclose this information, you coukd sue them for breach of confidentiality. If you lose the job your claim could be substantial. But if the new employer requests a reference then your old employer has to give a truthful and objective one. The reference has to be balanced - they should give good points about you as well as details of the warning. What they cannot do is tell them about the warning.

Alice H and other Employment Law Specialists are ready to help you
Expert:  Alice H replied 3 years ago.
If they contact your new employer and disclose this information, you coukd sue them for breach of confidentiality. If you lose the job your claim could be substantial. But if the new employer requests a reference then your old employer has to give a truthful and objective one. The reference has to be balanced - they should give good points about you as well as details of the warning. What they cannot do is tell them about the warning.

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