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Resigning under investigation for gross misconduct

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  • Awdio
    Awdio Posts: 8 Forumite
    First Post
    oh_really said:
    Awdio said:
    It was a handwritten letter. In the resignation letter I wrote that we have agreed on a good reference and this won’t affect it. I’m guessing by including that they can’t give me a bad reference?
    They can provide a factual reference.

    You have been thrown a potential lifeline with the offer to rescind your resignation, take it.
    It might not be a potential lifeline. They could choose to dismiss all of us and then I won’t have a good reference. I think they’ve shown leniency towards me and perhaps given me the opportunity to leave on good terms.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Awdio said:
    also agreed that this won't affect my reference in any way.
    What does this mean in practical terms? 

    Some companies simply dont give references do you could be a model employee or sacked for fraud and the response is the same. Some only give join/leave date. Others will answer factual questions but not write any pro's, give any opinion or scores out of 5 etc. Others are a libel case waiting to happen

    Depending on what type of company they are and explicitly what your next reference asks about its very possible that it'll impact your ability to get your next job... they may not write "resigned whilst under investigation for gross misconduct" but may well answer yes to the question of if the resignation was whilst you were suspended (which is the normal way I've seen it posed in requests for references)
  • oh_really
    oh_really Posts: 907 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    edited 29 June 2021 at 10:46AM
    Awdio said:
    oh_really said:
    Awdio said:
    It was a handwritten letter. In the resignation letter I wrote that we have agreed on a good reference and this won’t affect it. I’m guessing by including that they can’t give me a bad reference?
    They can provide a factual reference.

    You have been thrown a potential lifeline with the offer to rescind your resignation, take it.
    It might not be a potential lifeline. They could choose to dismiss all of us and then I won’t have a good reference. I think they’ve shown leniency towards me and perhaps given me the opportunity to leave on good terms.
    Your getting hung up on this referral to "good reference".
    What do you term a good reference?  There is nothing preventing any prospective employer being provided with a reference stipulating events up till now, whether you agree or not
    Have the HR dept provided you with whatever content they will provide when a reference is sought?


    Who actually agreed this with you?

  • Undervalued
    Undervalued Posts: 9,548 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Awdio said:
    Awdio said:
    I had a meeting with the investigating manager today who has agreed to accept my immediate resignation and also agreed that this won't affect my reference in any way. I do get the impression that he thinks I was the victim as he has given me a 7 day cooling off period to retract my resignation. Is this normal in a case of gross misconduct?

    I did ask about what will happen to the other 3 but he refused to comment. Now I've resigned, mainly due to what happened. Will they still proceed with disciplinary action against the other 3? They are bullies and I don't want anyone to go through the torment I have went through.
    If you don't retract your resignation, then get them to give you in writing what they would say in response to a reference request so that is on your file for the future.

    Was your resignation in writing?  Particularly if it wasn't, then it is probably not uncommon for an employer to give an employee a chance to reconsider an action that may have been in haste and which could be regretted.  

    It was a handwritten letter. In the resignation letter I wrote that we have agreed on a good reference and this won’t affect it. I’m guessing by including that they can’t give me a bad reference?
    But they can (indeed should) give an honest one.

    In giving a reference they have a legal duty to the organisation requesting it to be honest. Many firms these days only give very basic references confirming little more than the dates of employment. If that is their normally policy then it is easy. If however they give fuller references then they cannot lie and indeed should not lie or mislead by deliberate omission. 

    So the could say" He was an excellent employee for X years but left whilst under investigation for possible gross misconduct". That is both "good" and honest, doesn't imply guilt but is unlikely to be helpful to you in finding another job.
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