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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
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I left my previous role after being caught using illicit

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Hello, I left my previous role after being caught using illicit substances on a team night out. Before any disciplinary action was taken I handed in my resignation and was placed on gardening leave for a month with full pay and car privileges until December 19th I'd been offered a new position at another company within a week of being of gardening leaving and started following the Christmas holidays.
I've recently been approached by another company who work in the same segment as the company I left. I had two interviews and have verbally been offered the role, however someone from my previous company has highlighted that I left before i was fired for drug use. When the hiring manager brought this up to be I denied it and stated that I had left for another job. As my record for that company is clean and I can still be provided references.
My worry is that if I hand in my notice at the current role which is three months on recieving a contract could I then have the contract rescinded by the hiring company if they dug more, even though it's only verbal allegations?
The biggest mistake I have ever made and with maturity from this I would never make again
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you accepted the position and was the offer conditional on anything, such as references?
Customer: replied 2 years ago.
Hi Ben, I've Verbally accepted and I'm awaiting a written contract offer. As for references I'm completely fine in providing them as my previous regional sales manager has no issue in supporting me for the role, as this was a really stupid mistake. Does it make a difference as to whether the contract stats conditional or unconditional when it's received?
Customer: replied 2 years ago.
I suppose my biggest worry is can the hiring company rescind their offer while I'm working the 3 months notice of my current role on 'hear say' allegations as officially from my old company I handed my resignation in and this wouldn't be highlighted on my employment record
It may make a difference – if it is conditional, failure to satisfy the conditions means that they can withdraw the offer. However, the condition would usually be something like conditional on satisfactory references and if you provide an obviously good reference, it would be difficult for them to argue that this does not satisfy the condition so withdrawing the offer can amount to breach of contract. The issue you have, regardless of the offer, references, conditions, etc is going to be under basic employment law. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So in reality this means that they can continue with the offer, take you on and give you notice of termination on day one, or even before. You cannot challenge the dismissal itself and all you would be entitled to is any contractual notice period due. So you will still get something out of it, but the job itself can still be terminated if they really wanted to. I hope it would not get to that though. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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
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