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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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today I may have secured a job and they want a ref from

Resolved Question:

Hi today I may have secured a job and they want a ref from my last employer. Given that I have appealed my dismissal because no disciplinary procedure had been followed and is now being investigated could I offer a compromise agreement in return for a reference and resign if I am still not considered dismissed because of the appeal pending?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long you were with your last employer and why you were dismissed please.

Customer:

hi I was there for 14 months, they dismissed me with no warning with notice but did not follow the disciplinary procedure that is in my contract, I have an appeal that is underway, but as they breached my contract could I ask for settlement and drop the appeal considering I may have a new job and need the reference

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

thanks

Ben Jones :

Thanks for your patience. If you have been dismissed but are appealing the dismissal, then the dismissal still stands until an appeal is successful. Only once an appeal is successful would the dismissal be overturned. So it means that if the appeal has not yet been considered and a decision not yet made, then the dismissal still legally stands. As such you are not able to resign because you have already been dismissed. Saying that there is nothing stopping you from approaching then for a compromise agreement and trying to negotiate something but you cannot force them to do so – they can still reuse and it means the dismissal sands if the appeal fail – it them means you have to consider making a claim for wrongful dismissal in the employment tribunal. However, even that will not overturn the dismissal, it just means you may get compensation for the breach of contract.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

Customer:

Thank for you have answered my question. Good service

Ben Jones :

many thanks all the best

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