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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49504
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, you have been on my employment journey for several

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Hello Ben, you have been on my employment journey for several months. Having plea bargained at my disciplinary I accepted gross. Misconduct short of dismissal.I am now in a situation where VR has been announced in our dept. I have applied for VR and wondered if my disciplinary sanction which is on file for 1 year will be mentioned in future references. The sanction was given in Dec 2017 and if selected for VR my contract ends in June 2018. Therefore I will have served six months of my sanction.I have been employed in this service for 30 plus year's.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

It is certainly a possibility that this will be mentioned, but not guaranteed. As it is still a live warning, the employer can mention it, especially if asked about any ongoing disciplinary matters on your file. Also some employers will mention it anyway as they want to make a transparent and truthful representation about you, they have a duty to give an accurate representation in a reference. However, some employers have a policy where they will only issue a basic reference, which only mentions your job and dates of service.

As there is no strict legal requirement on them to mention this, unless specifically asked, they do retain a degree of discretion over it. You can always ask if they will mention it and perhaps try to negotiate for them not to.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 month ago.
Thank you Ben, I had thought after the time frame of the year if I was employed by them or not the sanction would of become spent.

correct but you would be leaving halfway through it so there would still be a 6 month period or so during which it would be considered 'live' and can be mentioned in a reference

Customer: replied 1 month ago.
Thank you Ben, if successful with the VR I will try and negotiate this as part of my compromise agreement as I feel the warning should not remain on my file for eternity as I would not be there to serve out my sanction.

yes of course it will not be there forever but they can say that at the time of leaving you had a live warning which would have expired in X months' time. That would legal. Hope this clarifies?

Customer: replied 1 month ago.
Thank you Ben, this indeed does clarity but I feel it would be inaccurate to refer my sanction several months later when my sanction is spent or for this to be referenced.

Correct, but only once the 12 month sanction period has expired.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you so much ben for the excellent guidance and for your support during my journey.

you are most welcome as always