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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long had you worked there please?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. If your notice period expires tomorrow and you are no longer going to be employed by the company from then, there is no obligation on you to attend a disciplinary hearing any longer. So you can simply tell them that you are not going to be attending as you no longer work for them and you are no longer bound to adhere to any of their policies and procedures. If they wanted to discipline you then they should have done so whilst you were still employed by them. Once you leave, they cannot discipline you and cannot force you to attend any disciplinary hearings. Also the official reason for your termination will be resignation, they cannot say that you have been dismissed as it is too late to do so now.
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Whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion.
Certain principles have been established through case law over the years and the main points can be summarised as follows:
In the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.
So you can still attend the meeting but what would they say then if they decide that you could be dismissed as a result? So I still think thank pending investigation is better than saying dismissed or would have been dismissed.
You are welcome