Grievance, Disiplinary proceedings. Getting conflicting advice - what are my rights?

slojo1

Can I ask a follow up question. If I am given a negative reference by my employer (or no reference at all). Could I put my line manager down as a reference instead of the usual point of contact I would use in my organisation? Or would I have to use that as a personal reference?

I wouldn't want to get my line manager in trouble for putting her details instead of the person I think I am meant to put.

ohreally

slojo1 wrote: »

Can I ask a follow up question. If I am given a negative reference by my employer (or no reference at all). Could I put my line manager down as a reference instead of the usual point of contact I would use in my organisation? Or would I have to use that as a personal reference?

I wouldn't want to get my line manager in trouble for putting her details instead of the person I think I am meant to put.

The prospective employer would determine who the reference would be from, almost certainly HR.

elsien

Might also depend on your current company's policy. On my last job all references for my staff had to go through my line manager. In practice I wrote them and she signed them but if anyone wanted to give me specifically as a reference it could only be a personal one not a company one.

slojo1

ohreally wrote: »

The prospective employer would determine who the reference would be from, almost certainly HR.

My organisation doesn't have a HR department. I think it's just internal policy that it needs to go through a particular 'PA/admin'type person. If I used my line manager I fear she would get in trouble for bypassing internal policy.

elsien wrote: »

Might also depend on your current company's policy. On my last job all references for my staff had to go through my line manager. In practice I wrote them and she signed them but if anyone wanted to give me specifically as a reference it could only be a personal one not a company one.

I thought this may be the case. How would a new employer know that I had used my line manager instead of the PA that it usually goes through? It would mean the difference between a glowing reference and potentially no reference at all.

elsien

They probably wouldn't. But it might depend if your line manager wants to take the chance. I quite happily wrote references for people until the company specifically told us we couldn't unless they were personal ones. In part it's because they want to check that what's been written is factually accurate so there's no comeback on the company if someone writes something potentially libellous in their name.

tomtontom

slojo1 wrote: »

My organisation doesn't have a HR department. I think it's just internal policy that it needs to go through a particular 'PA/admin'type person. If I used my line manager I fear she would get in trouble for bypassing internal policy.




I thought this may be the case. How would a new employer know that I had used my line manager instead of the PA that it usually goes through? It would mean the difference between a glowing reference and potentially no reference at all.

This was my first thought. I wouldn't put her in such a difficult position.

slojo1

Thanks for the responses guys. Appreciate it.

xoid

Hi slojo1,

I feel your angst, really I do.

Contrary to popular belief, even if you have worked for your employer UNDER 2 years, they can't just dismiss you for ANY REASON, that's nonsense.

If you feel the Chief Executive is doing something wrong, something he should NOT be doing, you can make
a PROTECTED DISCLOSURE, therefore protected under law, even if you have served under 2 years. Ref: Public Interest Disclosure Act 1998

If you haven't been dismissed for 'Gross Misconduct' and they have a contractual obligation, then they should take you through disciplinary procedures. If they don't and they do dismiss you for NO REASON you can take them for wrongful dismissal, breach of contract etc...

as always, consult a solicitor.

Poppie68

xoid wrote: »

Hi slojo1,

I feel your angst, really I do.

Contrary to popular belief, even if you have worked for your employer UNDER 2 years, they can't just dismiss you for ANY REASON, that's nonsense.

If you feel the Chief Executive is doing something wrong, something he should NOT be doing, you can make
a PROTECTED DISCLOSURE, therefore protected under law, even if you have served under 2 years. Ref: Public Interest Disclosure Act 1998

If you haven't been dismissed for 'Gross Misconduct' and they have a contractual obligation, then they should take you through disciplinary procedures. If they don't and they do dismiss you for NO REASON you can take them for wrongful dismissal, breach of contract etc...

as always, consult a solicitor.

A Protected Disclosure is only relevant if the wrongdoing and reporting the wrongdoing is in the public interest.. Someone allegedly being bullied doesn't effect the general public.
Save your time and money, look for another job.

Undervalued

xoid wrote: »

If you feel the Chief Executive is doing something wrong, something he should NOT be doing, you can make
a PROTECTED DISCLOSURE, therefore protected under law, even if you have served under 2 years. Ref: Public Interest Disclosure Act 1998

Up to a point yes, but only if he has been doing something illegal or clearly against the public interest. I have not seen anything in this thread to suggest that is the case.

Even if that is the case and ultimately this got as far as a tribunal and the OP won there are still the real world aspects to consider.

Tribunal awards are generally FAR less than most people imagine. Again there is nothing here to suggest this would be one of the rare exceptions. Ultimately the OP would still need to find another job. Depending on the industry that could be very difficult. It is a small world and grapevines are very powerful sometimes.

Plenty of people have "won" but found that their career is over. Wrong? Yes of course but principles can sometimes be very expensive things.

xoid wrote: »

If you haven't been dismissed for 'Gross Misconduct' and they have a contractual obligation, then they should take you through disciplinary procedures. If they don't and they do dismiss you for NO REASON you can take them for wrongful dismissal, breach of contract etc...

Again yes to a point. Most procedures are not contractual and, even if they were in this case, the maximum award would be a few days pay to cover however long it would have taken to do it properly.

There are also fees to pay in most cases so, unless the OP is very well paid, it is unlikely such a case would be cost effective.