Taking my employee to a tribunal advice

Makemerich

I won't go into details of why but i know its going to a tribunal,The only thing i'm worried about is with my now applying for job if an interviewer we're to ask them for a ref could they refuse or say bad things against me although i've never been in the wrong?

flossy_splodge

Makemerich wrote: »

I won't go into details of why but i know its going to a tribunal,The only thing i'm worried about is with my now applying for job if an interviewer we're to ask them for a ref could they refuse or say bad things against me although i've never been in the wrong?

I assume you mean your EMPLOYER not your EMPLOYEE?
The employER is the one you work for and who pays the wages, the employEE, the bu**er who does all the work!:rotfl:
If this is in fact the way round you meant, then sorry to say but you're on a sticky wicket.
Legally, they would be very foolish to write anything in a reference they couldn't back up in court if it got to that.
HOWEVER, in spite of what is claimed, many references are requested by telephone and confidentiality is asked for and given. This means they can say what they like about you and you are unlikely EVER to know about it.
Best advice?
Try not to use them as a referee.:o

SomeBozo

The ex-employer can write anything they want abut you as long as its factual and can be backed up with some kind of trail.

So they could say "We are unable to give a reference for Mr X as we are currently in preperation for a tribunal brought by Mr X".

Bozo

Bobl

Can you try to be clearer on what the problem is, at the moment it is difficult to know if you are the employer or employee, whether you a taking someone to a tribunal or they are taking you.

We can give you advice, but only if we understand the problem.

LittleVoice

Bobl wrote: »

Can you try to be clearer on what the problem is, at the moment it is difficult to know if you are the employer or employee, whether you a taking someone to a tribunal or they are taking you.

We can give you advice, but only if we understand the problem.

It is clear that the OP is an employee. They are now applying for jobs and want to know about an interviewer asking about referees. The OP is concerned about the employer involved in the ET case refusing to give a reference or giving a bad one.

The question has been answered in that a referee needs to be factual in giving any reference but it can say negative things if that is being truthful. Except in special cases (like for some jobs in the financial sector, which I don't think is the case here), they can also refuse to give a reference altogether.

Makemerich

Sorry about confusing you all Little Voice has answered it for me though,is there anyway i can find out if they do in did say bad things against me?

woody01

I can 100% tell you that, if asked for a reference, the old employer can state you have taken them to tribunal.

No employer, with any intelligence, is going to employ someone that sues the hand that fed them.
Regardless of what it was for, you will be seen as a trouble maker and therefore, passed over for any new job.

If you go to the ET route, i hope for your sake its AT LEAST worth 10 years+ wages IF you win.
If you lose, you will have no cash and no prospects.

Either way its lose unfortuntely.

Emmzi

10+ years wages? No chance! Tribunals don't exist to punish the employer, but to put the employee, financially usually, in the situation they would have been in before whatever happened.

So if in their line of work it takes 6 months to find a new job, on avergae, then 6 months is what they get.

There are some rare exceptions - some discrimination cases - but 10 years??

Uncertain

woody01 wrote: »

I can 100% tell you that, if asked for a reference, the old employer can state you have taken them to tribunal.

No employer, with any intelligence, is going to employ someone that sues the hand that fed them.
Regardless of what it was for, you will be seen as a trouble maker and therefore, passed over for any new job.

If you go to the ET route, i hope for your sake its AT LEAST worth 10 years+ wages IF you win.
If you lose, you will have no cash and no prospects.

Either way its lose unfortuntely.

Sorry but this comment is far too sweeping.......

Most tribunal claims are settled before it gets to a formal hearing. In this case it is normally possible to include the terms of a reference in the settlement. If the former employer then says anything beyond this they are open to further action.

As others have said, 10+ years wages is fantasy.

woody01

Its very hard to show sarcasm in a post. I tried and you two failed to pick it up

That was a 'tongue in cheek' reference to the fact that if ET goes ahead, it will be a long time before the OP finds another job with a worthwhile salary as no-one will touch them in the employment market with a cattle prod.

flossy_splodge

Makemerich wrote: »

Sorry about confusing you all Little Voice has answered it for me though,is there anyway i can find out if they do in did say bad things against me?

If you apply for a job you feel you are qualified to do and you get an interview but then don't get the job it may be down to what they got back in the way of references.
You're only option is to call the company and be blunt and ask. You could say 'I am very sorry not to have been your first choice on this occasion so could you please give me some feedback as to why my application failed'.
If you don't get anything there, you can always just bite the bullet and ask 'were my references satisfactory?'. You should be able to tell by HOW they answer what the real answer to this question is.
This of course presupposes you mark on your application 'references NOT to be taken up til after interview/offer. That's NOT unusual or unreasonable.
Good Luck.
ps. If people on here have helped, you might like to press the 'thanks' button?