Declaration of Employment Record for new Employer

starcloud

Hi,

I recently signed a compromise agreement with my current employer and I am leaving soon following 1 verbal and 1 written warning over performance in an area of work that fell under my duties.

I have subsequently been offered another position and it has a declaration form which should have been sent to me prior to application/interview to declare Criminal Convictions which is fine for me and my Employment Record.

The form asks you to declare any disciplinary investigation that led to a warning or any that did not.

Some questions:

1) Is a performance review and 2 warnings meriting a 'disciplinary investigation'?
2) My written warning would have expired (6 months) by now as no further action was taken apart from the agreement to go down the Compromise Settlement route.
3) My current employer wants to help me, within the law, so if asked by a perspective employer do they need to mention previous, expired, warnings? They are not going to disclose the Compromise Agreement as they is part of it but it does not affect, apparently, what led up to it...

Any help would be appreciated on what I need to declare and what I do not need to declare. I do not want to lose my new position.

jacques_chirac

The warnings do fall under the disciplinary heading. It is up to you/ your previous employer if you choose to declare them*. I would, for the reason that telling lies tends to come back and haunt you in the future.

(* With the exception of certain regulated professions)

starcloud

It is up to the employer whether they want to disclose a warning but can they disclosed one that has expired on a reference?

I am leaving on a good note, we came to an agreement that my skill set did not fit an element of the role so I should look to move on, which I have, and I have found a role that does not include this type of work.

I am worried that stating something not very relevant to my new role could jeopardize it.

AP007

starcloud wrote: »

It is up to the employer whether they want to disclose a warning but can they disclosed one that has expired on a reference?

I am leaving on a good note, we came to an agreement that my skill set did not fit an element of the role so I should look to move on, which I have, and I have found a role that does not include this type of work.

I am worried that stating something not very relevant to my new role could jeopardize it.

Does the compromise agreement say they will NOT mention warnings etc on a reference?

starcloud

AP007 wrote: »

Does the compromise agreement say they will NOT mention warnings etc on a reference?

I have a drafted reference as part of the agreement, stating what I did + of course when I was working and a line underneath saying I am honest, reliable etc.

In the contract it says that any reference should be given in or substantially in the terms and spirit of the agreed reference.

As far as I can see it does not explicitly state that any warnings would not be mentioned but on the other side that might be considered outside the spirit of the drafted reference and the agreement in general?

AP007

starcloud wrote: »

I have a drafted reference as part of the agreement, stating what I did + of course when I was working and a line underneath saying I am honest, reliable etc.

In the contract it says that any reference should be given in or substantially in the terms and spirit of the agreed reference.

As far as I can see it does not explicitly state that any warnings would not be mentioned but on the other side that might be considered outside the spirit of the drafted reference and the agreement in general?

Why have you drafted it? Is it signed by them?

If approached by an employer however the old co could say anything if they 'forget' this agreement.

starcloud

AP007 wrote: »

Why have you drafted it? Is it signed by them?

If approached by an employer however the old co could say anything if they 'forget' this agreement.

My current employer drafted something as part of my compromise agreement which I agreed to.

AP007

starcloud wrote: »

My current employer drafted something as part of my compromise agreement which I agreed to.

right then if you are sure they wont get written to also then take a chance

starcloud

AP007 wrote: »

right then if you are sure they wont get written to also then take a chance

My current employer wants to help me but does not want to lie if asked explicitly about a warning. It is coming down to this. They are now taking legal advice.

AP007

starcloud wrote: »

My current employer wants to help me but does not want to lie if asked explicitly about a warning. It is coming down to this. They are now taking legal advice.

why do they need to take legal advise?

They either tell the truth or so not mention it, however if you fail to show you are worthy in the next role for whatever reason and the company are then shown to have lied on a reference I am guessing and this is only a guess they could sue them or something equally bad like give them a bad reputation.

starcloud

AP007 wrote: »

why do they need to take legal advise?

They either tell the truth or so not mention it, however if you fail to show you are worthy in the next role for whatever reason and the company are then shown to have lied on a reference I am guessing and this is only a guess they could sue them or something equally bad like give them a bad reputation.

It is unlikely they would sue in the field I am in. Also, my new role does not include the area I had the 'performance' issue in.

I agree that they can decide if the warning comes off my record or not. I don't think they are trying to be sadistic though but it is all done by the book to an extreme level.