Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What is the claim you are potentially thinking of making?
Thank you. Whilst no such claim exists, I presume you were considering resigning and perhaps making a constructive dismissal claim?
How long have you worked there for?
Thank you. Whilst the standard reference the company provides is a basic one, they do have the option of adding more information if needed and there is nothing stopping them from doing that. So what could potentially happen is that you refuse to agree to the ACAS settlement, you get dismissed and then a reference mentions that fact and also the reasons for dismissal. This could have a negative impact on your future employment prospects.
On the other hand, if you did agree the settlement with ACAS, you would have a guaranteed basic reference which would omit any mention of a potential dismissal. So there is an incentive to agree to that on the basis that at least you would know with certainty what reference you would get. You may also decide to resign before you are dismissed, but the employer could then still decide to mention that you had left whilst under investigation for misconduct and that could also have a negative impact in the future.
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