Capability dismissal or resign?

mrfoxy

I need to put something in writing don’t I? Because I haven’t written a letter moaning about them not following their policies and procedures and this could have an impact on anything going forward?

they apologised in one of my health and well-being meetings. 

simongregson

mrfoxy said:

I need to put something in writing don’t I? Because I haven’t written a letter moaning about them not following their policies and procedures and this could have an impact on anything going forward?

they apologised in one of my health and well-being meetings. 

Try to keep a date written record of your conversations from now on and also confirm by email what has been said i.e. Send an email "I'm Emailing to confirm our conversation where you agreed that... Etc". Its difficult to refute then.

Contact the union before making contact with the employer, they will advise you on how to word things.

mrfoxy

Hello again,

If my employer does dismiss me through ill health capability. Do they have to give me a standard reference?

elsien

They can give any reference as long as it is accurate. It may go into details or it may simply state the dates on which you worked for them. That's really down the employer and what their usual practice is. And could potentially be something that you ask about? 

mrfoxy

So they can put down that they dismissed me at the end date or not?

Undervalued

mrfoxy said:

Hello again,

If my employer does dismiss me through ill health capability. Do they have to give me a standard reference?

No, except in a few regulated professions the employer doesn't have to give a reference at all.

Undervalued

mrfoxy said:

So they can put down that they dismissed me at the end date or not?

If that is true then yes.

If they opt to provide a reference they have a duty to both you and to any prospective employer to be honest and not deliberately misleading. 

DE_612183

would it be wrong to name the employer - maybe someone on here can provide more specific help?

mrfoxy

So in that case it would be better to resign surely? Than run the risk of losing out on a reference. I have seen they do a standard reference which is just start and finish dates. 

elsien

DE_612183 said:

would it be wrong to name the employer - maybe someone on here can provide more specific help?

No, don’t name them. Don’t want to be accused of bringing a company into disrepute. 

OP, I don’t think you resigning will make much difference to any reference - company policy will be the same regardless of the circumstances in which you leave. What sort of reference do you want from them?