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They absolutely can say you were dismissed (ref the poster who said they can't).
OP, even with an unconditional offer they can withdraw it. They can dismiss you prior to starting with 0 days' notice. So it's not really that valuable, if they've got any savvy at all.
Best of luck in your new role, though!
KiKi' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0 -
since when? A canny employer may 'negotiate' with you to avoid future repercussions at an employment tribunal, but you absolutely can be fired.They are not allowed now to say you were fired. Which is why if you are getting fired, they will make you hand your notice in instead.Signature removed for peace of mind0 -
Have you considered speaking with your current employer "off the record"? Seeing as you have been off sick for four months and have a disciplinary awaiting you, from their point of view, they would probably rather you resigned and went elsewhere - I'm presuming, but I could be wrong!
If this is likely to be the case, ask for a chat with HR and let them know your position - what do you have to lose? Tell them you are considering resigning as you have been offered another job, but you would like to know what the company policy is regarding references. They may be prepared to offer factual only if this means you will toddle off happily...
The difficulty will be if your new company ask a specific question, such as how much sick leave have you taken. If your current company answers, this could be an issue. If it refuses to answer, this could also be an issue. I would tell your new company yourself - they will probably find out anyway.0 -
The problem you've got is that a lot of employers will not want someone whos just been off sick for 4 months. Its this that you have the problem with. Your last company can refuse to answer but they wont lie for you as they can be sued for lying.
If the new company wants this information and then isnt given it, they can refuse the job offer. Most will want this information.
I think you are in a difficult situation,I would be surprised if the new job will take you with so much sick. If you resign now you are stuck with the problem.
I wouldnt resign until I had the new job offer confirmed- which I doubt it will be with this. If you dont go then you have the option of staying and clearing your sick leave for a year or so.
If you do resign( and dont go to the new job) you need to think about whether you should use this employer for a reference. I would in these circumstances look either for a job not requiring a reference and do that or do voluntary work and use that reference.
I think you have a few things to think about.0 -
They are not allowed now to say you were fired. Which is why if you are getting fired, they will make you hand your notice in instead.
True that for the OP the current employer cannot honestly say right now that the OP has been fired (past tense) as they haven't.
As others have said, if the OP were dismissed then they could mention this in a reference.
Even if it were true that references couldn't mention dismissing staff, there is no logical connection to requiring someone to resign.0
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