REsigned before the sack for gross misconduct

[halt41]

Hi. This is the first time I've done this. I resigned last week from my job as otherwise I would have got the sack for gross misconduct - a disciplinary panel had not been set up but would have been. I had a final written warning for drinking at work which actually ran out the day I resigned. My boss really liked me and has always been so supportive. He was almost as upset as I was but I had left him with no choice but to take me down the disciplinary route. I am so worried that I won't get a reference though. I have applied for 2 jobs this week which are actually better than my previous one but if I don't get a reference I'm scuppered. There was never a problem with my work - actually, completely the reverse and my boss would be the first to say it. However, if he does give me a reference and a prospective employer asks if there are any disciplinary warnings outstanding, will he have to mention the one that ran out the day I resigned? Does it count or had it expired. Gosh,wish I'd waited for just one more day!!!!! Any advice would be greatly appreciated particularly if you have HR expertise????

[Cowtipper]

Over here its tough to get any more than a date of employment and a confirmation of a position. As quiet and private as things seem to be over there I'm surprised they answer the phone.

[237SJ]

I don`t have any HR experience I`m afraid and I`m sure you`ll get an answer from someone who does but I`d be very surprised if a prospective employer would ask such a thing. I`m not sure how that would sit with the Data Protection Act either. My employer, when asked for a reference, will only give dates and confirmation that someone worked for them.

[Chaffinch]

Employers cannot give a "bad" referance, they can only answer the questions asked i.e time keeping, sickness record and unsually if they would re-employ.

[redman41]

Drinking Alcohol at work is a serious issue as it could cause major safety issues not only with yourself but with your work colleagues as well.
If you have a major drink problem which you cannot control then any future Employer will not consider you for work with their Company !
What you do in your own time is up to you, but when it comes to work, think again !!!!

[dotty.]

if the company you work for has not sent you a 'hasty resignation' letter offering you the opportunity to discuss your position then they are at fault. They cannot advertise the position to anyone else until you have formally given notice and they have formally accepted it. I think you would have a good case for negotiating a return to work for discussions.

[hc4361]

dotty Once again you are advising on your own company rules and regulations.
That is not employment law. Not everyone works for the same company as you!

[dotty.]

So what you are implying is that I coincidentally work for a company that uses a unique set of employment guidelines that no other company has ever or will ever use and that are totally made up to suit the one company yet are used to protect that company from any actions from disgruntled employees?

[boxtops]

I agree with hc, there is no such thing as a "hasty resignation" letter where I work (nor in anywhere else I've worked). You resign, you resign, you get an exit interview.
..and yes, some references which I have been asked to complete ask about disciplinaries, and certainly whether we would re-employ. However, in my job you would have been referred to Occupational Health by now, to discuss the drinking and try to help you with this. No such option where you work?

[DTCwordfan]

They can not make direct accusations in a reference against you, that is the good news. They may make some illusionary statements but if a major corp they will not risk it. If you know your boss well, and what you say is true, he may give a positive review of you and, at worse, they may be an alluded reference but he/she has to be exremely careful as they do not (i) want to risk a court case for wrongful dismissal or employment 'pressure' (ii) admit that they took the wrong sort of person on and had 'exposure.'

You do need, however, to address your booze issue and the sooner the better as it could, just could, impact on any future job prospects. Start with your GP.

[dotty.]

There is a difference between employment legislation and fair practise to avoid expensive and detrimental employment trubunal outcomes you know,

[dotty.]

boxtops if there is no such thing as a 'hasty resignation' letter then the one on my employer's HR database must be a figment of my imagination, and the one I was advised to send to the 18 year old last week who walked out because she was given a verbal warning for persistent lateness must have also been imaginary. maybe I live on another planet to you experts in dealing with employee relations, i only do it on a daily basis, obviously you have more experience than that.

[boxtops]

dotty, as long as your employer is applying basic employment law as they are required to do, they can add all sorts of extra bits to keep the workforce happy - but it's not common practice with all other employers, many do the bare minimum.

[dotty.]

Oh look, someone else has the same idea:
http://www.businessli...791207&type=RESOURCES

[boxtops]

Dotty, I don't dispute your company's letter, just none of the places I've worked have ever had something like that, so your employer is probably doing more than necessary - and yes, I have an HR qualification.

[dotty.]

Then no personal offence intended boxtops but it may well need updating.

[factor-fiction]

Ouch, I think I could feel boxtops wincing.
No personal offence intended dotty, but whilst you have a great deal of invaluable experience and I'm sure you are a great asset to your employer, I think this is indeed another example of where your responses seem to assume that your company's HR practices are the only way of satisfying employment legislation in relation to holiday entitlements, disciplinary procedures, resignation procedures, etc

[hc4361]

dotty, you do it time and time again, refer to your company's contractual terms and conditions as if were statutory legislation.
It is not.
Just because it is in your contract does not mean Joe Bloggs who works for XYZ can expect the same conditions.
Employment law applies to every employed person and does not include your company's add ons.

I wish you'd stop it.

[twix123]

Many companies will only give a 'reference' confirming dates of employment, reason for leaving, i.e. resignation, and whether their policy is to re-employ or not.

If you got on well with your boss perhaps he would stand as a personal referee for you.

[halt41]

Thank you everyone. Just to put you straight, I've been in recovery for a long time - however, think all the stress of work (was doing a tremendous amount - truly - my family have said for months that work was taking over my life), an investigation into my husband's accounts by the Inland Revenue - now resolved, but goodness, he's only a painter and decorator and doesn't earn all that much) me desperately trying to convince my husband to sell the house et al......it all got on top of me and look what's happened. Well, I've stopped again been to the doctor who thinks I have some sort of mild bipolar disorder which doesn't help. Really needed. to hear that!!! All I can do is dust myself off get the house sold and get back to work. Not the type to lay around feeling sorry for myself. I'm actually going out tonight to see my boss in a play - I've had the ticket for ages - and he still wants me to come so relations cannot be too bad or can they? Anyway, thanks for all your comments. I'll find out sooner or later about the reference - I can ask him or it will become apparent when I get an interview for something!!!!!!!

[dotty.]

good luck with that halt41 whatever the outcome, and I stand by my comments on this thread as there is more to employment than abiding by the legislation. I won't 'stop it' I will continue to offer what I consider valuable knowledge and alternatives to going down the legislation route, which should be the last resort, not the first and final.