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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75141
Experience:  Qualified Employment Solicitor
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I was issued with a written warning in 2013 which expired

Customer Question

I was issued with a written warning in 2013 which expired after 12months, as the warning is not active, can this still be disclosed within an employee reference?
Submitted: 19 days ago.
Category: Employment Law
Expert:  Ben Jones replied 19 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 19 days ago.

Can I just check what was the warning for?

Customer: replied 19 days ago.
A breach of family friends policy, I was young and new to the company at the time and I misunderstood. It was a gross misconduct hearing and I was issued a written warning.
Expert:  Ben Jones replied 19 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 19 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. There is nothing that specific in law which deals with this situation and what the employer can and can’t do. The first consideration is whether the original warning said what will happen to it once it was over, such as whether it will be retained on your personnel file or removed/ If it said it would be removed then this should have happened and they should no longer have any reference to it and mention it in the future.

On the other hand, if it was to be retained, they can still mention it, as long as they are factually correct with the information they provide. That would mean confirming when it was issued and making it clear it was an historic one, rather than a more recent, or active one.

Expert:  Ben Jones replied 18 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Customer: replied 18 days ago.
At the time the warning was issued I was told it remain on file for 12months, we’re a large company so the HR department send out generic references. I imagine there will still be manual meeting minutes in my paper file but HR wouldn’t have access to this.
Expert:  Ben Jones replied 18 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. If they said that it will remain on file for 12 months then it should have been removed after that time and no longer be accessible for things like references.