Can I retrospectively be dismissed?

Shadow2427

Hi there,

Bit of strange one but here goes. I handed in my resignation with my employer which was accepted. During the one month notice period the organisation started disciplinary matters which they said "could constitute gross misconduct." There was one investigatory meeting where they took my statement & nothing else. I worked my notice period & left the organisation without being dismissed.

I have since received a letter from them saying that the penalty imposed could include dismissal. I understand that the organisation can still proceed with disciplinary matters but I am not clear on whether they can state on any reference that I was dismissed as this was not the case, my contract had ceased before any disciplinary action was concluded. I believe the only way they could dismiss me is if I rescind my resignation, they accept that & change my reason for leaving to dismissal? They cannot unilaterally rescind my resignation?

Furthermore, I believe their disciplinary process to be flawed - They claim to have sent me letters with details of my investigatory meeting that I have never received & they have failed to at the very least invite a material witness to give evidence. I know they have to be factual on any reference & this may affect it because I was subject to a misconduct investigation but again I can't see how they could state I was dismissed?

Any help greatly appreciated.

paulineb_2

I think thats ridiculous to be honest. If you resigned before anything happened they cant sack you after the event, the only thing they could do is to tell a new employer that they started disciplinary proceedings during your resignation period

I dont think they can say they sacked you, you worked your notice and resigned.

spacey2012

I would write back stating you left because they were an incompetent, spiteful and childish employer and went to work for a company that does not want to sack people after they have already resigned.

Shadow2427

After the fear of a retrospective sacking, I think the biggest worry is that I've started work for a new employer who initially wanted a reference from my old employer. This was requested some 2 months ago & still it hasn't been sent. My new employer has said that they are happy with what they have received reference wise, won't be chasing my old employer for the reference & I have returned my contract signed. I just get the feeling my old employer will be spiteful & send a reference through on completion of their one sided disciplinary process. I know they have to be factual but surely dismissal wouldn't be? They have to be very careful in what they say to avoid defamation of character? If they send a reference through I guess I can request that my new employer gives me sight of it & I can contest any inaccuracies.