Bad Reference - oh yes they can

dmg24

Without knowing the full situation, my feeling is that the reference is possibly more not balanced, rather than inaccurate? By this I mean that it does not reflect the full picture of your employment, they have chosen to highlight the negatives, and ignore anything else.

Is it possible to prove that the reference is unbalanced or inaccurate?

Got2change

Unbalanced is a kind way of putting it.
It was bullying - pure and simple. Then and now.

Without going back and reliving the whole nightmare all over again, I suppose I don't have a leg to stand on.

They win.

dmg24

I'm sorry, I've been there and I know how horrid it is, and that it doesn't disappear from your mind just because you have left.

You have made a good point, to take any further action it is likely that you will have to relive everything again, and they will dredge up anything that they can against you (and make up anything they want to).

Don't be deterred from taking legal advice, but I would be realistic as to how far you will get. Sorry x

mrcow

It took a long time for me to dredge back my confidence after being on the receiving end of a workplace bully. But I did do it in the end.

Whether you choose to pursue this further is as much a question for your conscience as it is your stamina. A company should not be able to treat an individual like this. I wouldn't give a reference like that about the worst person who's ever worked for me (and I've had some really terrible people before!). It's clearly not objective. What they are doing is extremely unprofessional and they should be hauled in over it if there was any justice.

Did ACAS prove to be any help at all in terms of whether there are any channels of recourse open to you at this stage?

Got2change

Hi "mrcow" - thanks for what you say and sorry to hear of your experiences. I am discovering that there are some truly s**tty employers out there; I must have led a very sheltered life.

As I write this, I can see out of the corner of my eye a sentence in the letter from ex-employers, and I quote "I have reviewed the reference sent to XXXXX and I believe it is a fair and factual reference". O.M.G.
Nothing could have been more designed to make sure that I was not offered a job on the strength of it (or worse still in this case, have a job I was looking forward to - and NEEDED - taken away........).

Have to say ACAS not too much help and said I should speak to someone legally; local Solicitor has told me that it it most likely to be an employment law issue as would cost too much to sue for "defamation of character". No employment law solicitors in my nearest (fairly small) town so looking further afield, have found one in my hometown (25 miles away) who will tell me if I have a case (for £139.00 an hour).

I really really want to pursue them for this; how do I find the stamina though.

nickmack

Got2change wrote: »

Goes without saying that I cannot give them as a reference again - not EVEN to confirm dates of employment/attendance - and I suppose my own stupid fault to name them this time but I couldn't know that the reference request would take the form that it did, nor that they would take yet another opportunity to bully me and nor that, having been interviewed and provisionally offered the role, this reference would carry the weight that it did.

I don't know the full background to this case, but I seem to recall skim reading a thread about your former employer before.

It does seem extremely unprofessional and I believe they are playing a dangerous game. I've seen numerous cases before of employees leaving on bad terms including those dismissed for gross misconduct who have succeeded in getting a reference simply stating the dates of employment.

There was no need for them to provide this detail in your case and it seems they did it deliberately. It sounds like a nasty parting gesture.

Going forward, I guess you probably want to try and put it behind you, but I'd have a think about whether you want to paper over that part of your career when asked by future employers. If you think what they're said is genuinely defamatory, you may want to take advice on what action you could take. If nothing else, it may help you to feel they haven't 'won'.

poet123

I really feel for you,if you feel truly sure they have misrepresented the situation then I would go for the jugular. Could you get a reference from the previous employer and show the differences? Was anyone else who no longer works there a witness to any of the bullying? think creatively as to how you can build a defence. Then see a solicitor or CAB.
Good luck

Reggie_Rebel

Attendance - Excellent
Realibility/timekeeping - Poor

I would have thought those two would have made any potential employer doubt the creedence of the reference.

sheena4711

My friend found herself in a very similar situation to yours. She was successful in her application for a job pending references. Her current (at that time) employer gave her a reference which was full of untruths and caused her to lose the job. She appealed and got her new job back. She is currently in negotiations with her previous employer as she is seeking compensation for loss of earnings and a sum for the suffering she endured as a result of losing that job. The Citizens Advice Bureau was her first port of call and they were extremely helpful. I suggest you do the same as she did. Also, a solicitor has advised her that her claim can be taken to the small claims court if negotiations with her previous employer fail. Hope this helps. By the way, the company that gave her the bad reference have a policy that all requests for references should not be filled in by managers but should be sent to HR to complete.

Princess_Coupon

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