I have resigned, but received letter re disciplinary hearing

[pammills]

I was suspended from work as I refused a random staff search (being dragged in from car park with my shopping, and security officer back into the store with all colleagues watching!

I resigned because luckily I had attended an interview the week before incident and got the job!

I handed in written notice a week ago but I have now received a letter 'inviting me to a disciplinary hearing'.

The weeks notice has lapsed and I start new job next Tuesday.

I sent letter back saying I am starting new job and have asked for P45 to be sent asap. I am in the right here.

thanks

[osmo.h]

go along to local citizens' advice bureau - they may have specialist employment adviser or help point you in the right direction if not.

[WendyS]

Obviously if you resigned and your notice has elapsed you are under no obligation to attend the disciplinary hearing. However, has your new job been offered "subject to satisfactory references?" If it has, and the new job is in a position where employees have access to goods or money the employer will want to satisfy himself of your honesty. If they contact your former employer for a written or verbal reference, the issue of your disciplinary hearing may well arise so you might want to consider whether you discuss the matter with them to try and resolve the matter amicably.

[stanleyman]

I don't think you have anything to worry about, they wouldn't dare give a reference suggesting dishonesty especially with no evidence, you could sue them.

[binkybingo]

1- Did the company you work for have a "right of search" policy that was made clear and understood by all staff?

2- When you were searched were you treated with respect, offered a colleague of your choice to be with you?

These are your get out clauses if the company has not fulfilled these they have no right to do so.

Otherwise, if they do then I'm afraid in my experience you can be diciplined, even after leaving the company and even dismissed after leaving. If they carry out a diciplinary, even without you there and you are given a sanction then this can be recorded on your reference for a new employer.

However, most employers will not go through the hassle of diciplining in absence..... in which case they have no right to put anything on your reference.....

It's all very very complex and is so dependant on what you have signed / handbook etc.

If they persue, speak to a good employment law specialist and possibly if its the retail sector USDAW the union. I would not bother with Citizens advice, they are toothless and generally no idea on specialist matters.

[gary baldy]

I'm not sure of the legal wording but a former employer is no longer allowed to give a negative reference only refuse to give one. If you have got the job already i shouldnt worry about it.

[xrayspecs]

You could sue your previous employer for consrtuctive dismissal. Searching staff at work is an extremely sensitive area for employers. They can't just write it into your contract that this will happen because there are several EU regulations preventing this type of abuse by employers. Bsically the act of random searching is an infringement of your civil rights, and any employer undertaking such does so at their own peril. Not many people complain about it though because many aren't aware of the law, and prefer not to risk their jobs by refusing.

[Kos]

Following on from Gary Baldy's point.........although you can't give a negative reference, most employers are now wise to the fact that a refusal from a previous employer to give a reference normally implies that something is not quite right about the prospective employee!

[Pherstun]

I take it that it's a supermarket you worked for? (sounds like the sort of thing they'd do, in my knowledge of them)

I would contact Citizen's Advice and a trade union if you're in one (and if you're not a member of a trade union, I would strongly suggest joining one for future problems, they are most definitely worth their money).

There are written guidelines on how to conduct staff searches, they most *definitely* should not have treated you like that, to make it obvious in the eyes of all your colleagues what they're doing. Especially when you'd got shopping and had actually left the store. They are in the wrong and that at least would go in your favour. (I have heard of similar happening in the supermarket I worked for, and any potential disciplinary was cancelled out)

Yes, it is illegal to give a bad reference, but your company may refuse to give one, which could be a bad sign to your new employer. If it's a supermarket, though, or other large company, often they will just send a standard reference - confirming that you worked for them from such a date to such a date, and that's it.

Even though you've been offered the job, often a new employer will use the clause of the almost obligatory 'probationary period' to dismiss you if they're not happy with your references. Although you may well be able to explain it to them in a way that paints you favourably (which seems likely if your record of events is accurate).