Advise - Immediate Resignation prior to Disiplinary Investigation

sangie595

FelineFan wrote: »

Thank you Comms69
As far as I understand it, I resigned immediately, therefore I can now legitimately say I simply resigned, if asked and that my former employer can only legally give me a good reference, as opposed to ‘honest’ without any referral to the real reason I resigned, ie that I left prior to an Investigation, that may have ended up in my favour anyway, but of course didn’t want to take that risk. If that makes sense?
Sorry just never been in this scenario before!

Good luck with that assumption. The employer can say anything true. And legally there is nothing to stop them doing exactly that. So "felinefan resigned whilst under investigation for gross misconduct" is perfectly acceptable, legally. Whether they say that or not, we can't tell you, of course. But say it they can.

FelineFan

lincroft1710 wrote: »

Your employer is under no obligation to give you a "good" reference, they have to give an honest one though, but without reference to the recent contretemps.

Thank you lincroft1710

There’s no reason if it is an honest reference that it shouldn’t be good then, as my conduct, up until that stupid stressed out outburst, was exemplary! Reassuring to know that ‘contretemps’ hopefully won’t be mentioned.

FelineFan

sangie595 wrote: »

Good luck with that assumption. The employer can say anything true. And legally there is nothing to stop them doing exactly that. So "felinefan resigned whilst under investigation for gross misconduct" is perfectly acceptable, legally. Whether they say that or not, we can't tell you, of course. But say it they can.

Thank you
He did say he was happy for anyone to come to him for a reference - he being my line managers boss!
We left amicably, both saying how sad it was, but that they had had to follow ‘policy’
Time will tell

lincroft1710

FelineFan wrote: »

Thank you lincroft1710

There’s no reason if it is an honest reference that it shouldn’t be good then, as my conduct, up until that stupid stressed out outburst, was exemplary! Reassuring to know that ‘contretemps’ hopefully won’t be mentioned.

I would read Sangie's post carefully, I was assuming that by a "clean slate" you had an agreement with your employer that they would not mention the pending investigation. If so I would hope they would abide by this, but even if they didn't there would be little you could do about it.

It seems they wanted rid of you and there was nothing you could have done about this, so you can only wait and see what happens about a reference when you get a job offer

ScorpiondeRooftrouser

FelineFan wrote: »

Thank you lincroft1710

There’s no reason if it is an honest reference that it shouldn’t be good then, as my conduct, up until that stupid stressed out outburst, was exemplary! Reassuring to know that ‘contretemps’ hopefully won’t be mentioned.

They are not going to give you a "good" reference, forget that. Nobody is going to sit and write about you in glowing terms. Neutral is your best case scenario.

That is IF you take option 1, and IF they confirm that "clean slate" means a neutral reference, and IF they stick to it.

It is your best option though, by far. But it is impossible for you to guarantee that nobody ever gets to hear about something that you actually did.

FelineFan

Ok thank you all for taking the time to respond and for your frank and honest opinions. Food for thought

I dont think there’s anything more to say

ohreally

You've left yourself stitched up. If you were my member I'd suggest you apologise to your manager and then ask HR if you can agree the content of a reference and exit.

sangie595

FelineFan wrote: »

Thank you
He did say he was happy for anyone to come to him for a reference - he being my line managers boss!
We left amicably, both saying how sad it was, but that they had had to follow ‘policy’
Time will tell

I have no idea how to spell " shrug with a hiccup of a laugh" and I can't find that icon! Sorry, but out of everything, this is the bit I don't believe. And I believe you are telling the truth. I don't believe he is! Policy can always be "bent". If they want to. So he didn't want to. If I was in his shoes I might have said that it was a shame that you'd ruined your good record by ***-*** (whatever you did). But I wouldn't lie to you. If you deserved dismissal, I'd dismiss. If toy didn't, I wouldn't. Policy has nothing to do with that. He didn't want to do anything different, and if he won't tell the truth about that then I would worry - because he isn't the sort of person who tells the truth, he's the sort who tells you whatever is easiest for him and then does what he wants to do anyway.

Energize

A reference should have been agreed before you resigned, that way if they break that agreement you could potentially seek compensation if it led to the loss of a job.

Masomnia

Energize wrote: »

A reference should have been agreed before you resigned, that way if they break that agreement you could potentially seek compensation if it led to the loss of a job.

Without a settlement agreement I'm not sure there's any legal recourse if they don't stick to what's agreed. Happy to be corrected on that though. Of course there's nothing in it for the business to offer a settlement.

It seems like in this case they just don't want to go through the time, effort and cost of investigating and dismissing you; and of course there's always less risk in accepting a resignation rather than dismissing.

At the end of the day if they're letting you resign with no other come back then you've just got to hope for the best imho regards reference. At the end of the day it's better than being dismissed whatever the outcome is!