Employment Lawyers Can Answer Your Employment Law Questions
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.
Can I just check what was the warning for?
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.
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.
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.
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.