Would a written warning be disclosed on a reference?

Pitlanepiglet

A question please (well two actually!)

Is an employer required to declare the existence of a written warning for "performance" issues on a reference for a new employer?

Is it the type of info that is requested on a reference as standard?

Thanks

BigPhil

An employer isn't required to disclose anything (apart from in one or two excepted professions (for example in the financial services industry), but must give a truthful answer if asked the question. So from that point of view the answer is 'not necessarily.

To be honest, most reference requests I have received have been tick box types asking YES/NO questions with a line underneath to elaborate if the answer is YES. I have seen some where the reference hasn't asked about existing disciplinary matters and some which have - probably in equal numbers.

How recent is the warning? They should only remain on record for a specified period, and most of the times that I have seen the question asked, it was qualified by, for example, in the last 12 months.

Pitlanepiglet

Thanks for your response Phil. It would be a new warning - what would be a reasonable specified period for one to remain on file?

BigPhil

It tends to vary and I can only speak for experience, but a simple warning used to remain on file for six months and a Final Written would remain on file for 12 months. If you are due to get one, it is important that you are given the opportunity to have it expunged after a specified period. A warning is, after all there to bring about an improvement in performance, and shouldn't hang over you forever more. If the employer doesn't time limit the warning then ask them about it - it isn't a right, more just a case of them being reasonable!

Pitlanepiglet

Thanks very much Phil, that's really helpful.