Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
How long have you worked there for?
Thank you. And please confirm what do you specifically want to know about this, please?
Hello, I am not sure if you saw my query above: please confirm what do you specifically want to know about this, please?
Thank you. Whilst you cannot force the employer to exclude this from a reference, you can try to come to an arrangement that they do so and you would not take things further, such as by resigning and making a claim for constructive dismissal. In fact there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.
Does this answer your query?
you would do it yourself. If you wanted to you can engage a solicitor to do this on your behalf but you will be paying them quite a bit of money to do something you can easily do yourself.
All the best