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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I have been offered a new jib running a residential care home. Unfortunately the reference

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I have been offered a new jib running a residential care home. Unfortunately the references ask my current director whether there have been any disciplinaries. In march I accepted a written warning as i lost some medicines, low value and low toxicity from my car. The reason for this is that I was noth thinking clearly having had little sleep as I trained our waking night staff until the early hours then worked 7:30-5pm. Is there a way my boss can not disclose this ie remove it from my record, it has5 months to run? or could it be worded in a less damming way. or or if i appealed the decision restrospectively coud it be suspended until i have had my appeal hearing?
Hello why did you not appeal the warning at the time? Please note due to the time I will be going offline shortly so may not be able to respond until tomorrow thanks
Customer: replied 2 years ago.
Hi Ben
I am one of the senior mangers and I did raise this information at the time but as the investigation and disciplinary were with two people from the senior management team i wanted to make it easy for everyone. Also I let people know what i had done. no one would have been able to find out had i not disclosed. I also just wanted the whole thing to go away. i didnt think it would haunt me as I had never thought about leaving.Best wishesPaul
Hello Paul, thank for your patience. The position is that you are now too late to appeal this warning. The employer could use their discretion to allow you to appeal but they would be entirely within their right to refuse this and could easily allow it to remain on your file. So you have nothing to lose by asking them but do not expect them to agree after all this time. Whether this is included in a reference or not is usually down to the employer but if they have been specifically asked about disciplinarians in the reference, then it would be misleading and negligent on their part not to include details of this. Had there been no specific enquiry about your disciplinary record it may have been omitted but if they have asked them directly, then they would really have to include it. For example, in the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading. Therefore, this is really in the current employer’s hands. You can try and appeal and ask them to remove it from your record but there is nothing in law which would require them to do that and they can certainly leave it on your file as it is. If they decide to leave it there, then they would be expected to mention it on the reference otherwise they would likely br negligent in the preparation of the reference. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thanks Ben how would you word the the disciplinary to make it sound less damming? My line manager is happy to look at writing this reference in regard to the disciplinary with me and has asked for a meeting tomorrow to do so. Your advice has been helpful in that I know where I Stan
As I do not know the full details I cannot tell you what should and should not go into it. As there was misconduct on your part and a warning was issued, there will be parts which will be damning in any event and it is inevitable that they would be included. I would say the less detail the better and try not to include anything that could make you look incompetent and if there are mitigating factors - to mention these as well
Customer: replied 2 years ago.
Thank you Ben
You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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