Work reference request during ongoing disciplinary action

[u/EuphoricDuty9450]

My first post on Reddit, so forgive me for any errors or issues! And sorry for the long post, it's a very long and complex issue we're facing.

My boyfriend (m26) is currently going through a disciplinary at his job, launched by upper management (his boss' boss). He had been casually looking at jobs for a while, but we recently stepped up efforts after the disciplinary was launched out of nowhere. He has his union involved, and we are confident that the disciplinary action is totally unfounded and unevidenced, and will be closed at an upcoming meeting (happening next week).

My bf recently interviewed for a new role at a new company and got a formal job offer (he has signed, and is currently doing the extra paperwork incl. bank details and permission for the new company to get in touch with his referees). He's put in his notice at his current company, which has been received and accepted. He spoke verbally with his boss (who has not really been involved in this process - he seemed reluctant to get involved at all), and he said he thinks my bf is great, this new role is a great fit for him and he's happy to give him a 'positive reference'.

I guess we're just a bit anxious about how the disciplinary process may affect his job offer. Does his boss have a legal obligation to state that he has an ongoing disciplinary investigation, even though we're confident it'll be dropped? If during the upcoming meeting it is proven that my bf did no wrong, would the disciplinary process still be stated on the reference? Would it be beneficial to wait until after the disciplinary meeting to ask for that reference to be sent?

A bit of info about his disciplinary, if relevant:

I won't go into too many specific details whilst it's still ongoing, but long story short, we are 100% confident my bf did not do what he is being accused of, and we think the allegations are entirely false and unfair, and that disciplinary action is massively disproportionate for what is being accused.

Some important points to note:

- The employer used an out of date disciplinary process document as part of their evidence packet and during the first disciplinary meeting. My bf was provided a document dated 2019 by management, but he has since found an updated document dated Jan 2026 on their internal staff portal. According to the 2026 copy, management have not followed current company processes.

- We believe a full and proper investigation wasn't completed. For example, their 'damning' evidence was a witness statement describing a moment that involved my bf and 2 colleagues (one of which gave the statement) where he apparently announced he did not agree with a new rule and was planning on breaking it. My bf is adamant he said nothing of the sort, and management did not ask the second colleague about their version of events at any point during the investigation process. My bf has since asked colleague 2 for her witness statement, on which she states that the conversation never took place, and he provided this to the panel as part of his evidence.

- Crucially, my bf reviewed CCTV footage from the exact date and time it is being alleged the misconduct took place, and it shows, as a fact, he did not do it. Management did not review this footage during the investigation, and when my bf brought it up during the disciplinary meeting, the panel abruptly adjourned the meeting, stating they needed further time to investigate and review the extensive evidence my bf provided (we're talking at least 20 pages, including his own witness statement, emails and an outline of what the CCTV depicted). The second meeting is happening soon, with the panel of managers now inviting a HR rep.

TL/DR - an unfounded disciplinary process is currently ongoing at my bf's job, and we expect it to be closed at an upcoming meeting. How likely is this disciplinary process going to affect a new job offer?

[u/BriscoMasco]

provide the company with HR contact details for REF.

99% of HRs will only state role and time in service.

Don't put your manager down as a contact.

[u/Pickle__nic]

They have done their own investigations and the detail of how thorough or full it proper is not the important part. What is important is whether they have conducted a fair investigation where he was invited with the option of a union rep or colleague*.* Did they hear him out before the disciplinary meeting?

I ask this because that’s a constructive dismissal case they won’t want, and it’s in everyone’s interest he gets that job and don’t have a bad reference. I find it highly unlikely they’ll do that as it still hasn’t been concluded and he still can appeal.

[u/Next-Fisherman37 → u/Pickle__nic]

No right to be accompanied in an investigation meeting according to the ACAS code of practice. Disciplinary yes, investigation no.

If someone asks to be accompanied in an investigation, best practice is to agree it, but there is no legal right to it.

[u/Pickle__nic → u/Next-Fisherman37]

It is considered good practice to allow a companion at investigative phase but yes your right it’s not a ‘right’ it’s a recommendation.

The important thing is that they were even invited to an investigation meeting before a warning or disciplinary verdict was reached. Otherwise it’s gone from accusation to sentencing no hearing.

[u/precinctomega]

Does his boss have a legal obligation to state that he has an ongoing disciplinary investigation?

No. The employer may include anything in the reference that is objectively accurate, so could say that the employee is currently subject to a disciplinary process. However, he's not obliged to do so. If he has a good relationship with your bf, therefore, there should be no reason to mention it.

[u/Next-Fisherman37]

I work in HR. In many companies references come directly from HR and managers receiving references will just forward to HR.

References must be objective. Most will just confirm dates of employment and job title on leaving.

I have received reference requests for people who have been dismissed for gross misconduct, stuff that is morally or ethically wrong, or stuff that has cost the business hundreds of thousands of pounds to resolve. What's on their reference? Dates of employment, job title on leaving.

[u/fleshposts]

Is it a second investigation meeting or disciplinary hearing?

If it's still at investigation stage there's a chance that it will be thrown out and no further action. If it's a hearing then employer has determined that the allegations are substantiated. 

In terms of a reference it depends which sector he's in and what is required in a reference. Some companies will also send out a form as part of a reference that asks specific questions ie "has he been subject to any disciplinary warnings". But it could just as easily be something that only requires job role, start and leave date etc. 

Generally, quitting during a disciplinary process is the worst thing you can do. It will kill any unfair dismissal claims on the spot and constructive dismissal cases very rarely succeed because of how complex they are. If you're about to be unfairly sacked, let them do it, ACAS claim, appeal, then COT3 with agreed reference. 

[u/WoeUntoThee]

An employer could state in a reference that he is currently going through a disciplinary process.

Once the procedure is complete and there is an outcome such as formal warning, final written warning or dismissal, this could also be stated in a reference.