Can I receive a bad reference for being made redundant?

kierencon24

My situation is pretty complicated but please help if you can....
six months ago there was a situation in the store I was working where stock went missing. 2 members of staff were fired and I was made redundant.
Accusations were never made but I knew I was under suspicion. I tried to appeal there decision but was told that the redundancy was genuine as my position no longer existed. I demanded that my boss put this is writing and received a letter stating that due to economical events the company was "downsizing" I received a redundancy settlement.
Since then I have received a job offer that heavily relies on references from my last employer and am waiting to see what happens.
Is it possible that they could give me a bad reference and if so what can i do about this? Also as I have it in writing the reason for my redundancy could my last employer give any other reasons for letting me go?

dmg24

An employer can write pretty much anything in a reference, as long as it is accurate. However, most employers tend to play it safe, for fear of litigation.

onlyforboards_2

dmg24 wrote: »

An employer can write pretty much anything in a reference, as long as it is accurate.

And can be backed up. There would usually need to be official record of the accusations for an employer to mention it in a reference.

dmg24

onlyforboards wrote: »

And can be backed up. There would usually need to be official record of the accusations for an employer to mention it in a reference.

Being able to back something up, and there being an official record are two very different things. If an ex employee was to sue, the employer would only need to prove that the information was accurate based on the balance of probabilities, and whilst an official record would make that easier, it would not be essential.

Having said that, as accusations were never made, the most that the employer could say is that there were stock issues at the time that the individual was employed, however no investigation was carried out and therefore it cannot be said whether they were involved. IMO it would take a pretty vindictive employer to even say this.

foxy-roxy

dmg24 wrote: »

Being able to back something up, and there being an official record are two very different things. If an ex employee was to sue, the employer would only need to prove that the information was accurate based on the balance of probabilities, and whilst an official record would make that easier, it would not be essential.

Having said that, as accusations were never made, the most that the employer could say is that there were stock issues at the time that the individual was employed, however no investigation was carried out and therefore it cannot be said whether they were involved. IMO it would take a pretty vindictive employer to even say this.

Agreed.

P.S. Like your sig, it's me to a T:p

onlyforboards_2

dmg24 wrote: »

Being able to back something up, and there being an official record are two very different things. If an ex employee was to sue, the employer would only need to prove that the information was accurate based on the balance of probabilities, and whilst an official record would make that easier, it would not be essential.

If the employer cannot back up claims with company records such as formal meetings, disciplinary procedures or appraisal documents they would be leaving themselves wide open.
Are you saying that none of this needs to be in place and heresay stands if it is probable?

inmypocketnottheirs

Are you still on good terms with the Manager? If so why not call and have a chat and say that you have been offered a new position subject to references, and would that be a problem. The give the Manager's name and store address as the reference.

HTH

TEDDYRUKSPIN

dmg24 wrote: »

An employer can write pretty much anything in a reference, as long as it is accurate. However, most employers tend to play it safe, for fear of litigation.

Surprisingly this is completely untrue nowadays.

(1) Anyone who uses a specific referee must first contact them and ask if they could be their referee.
(2) They must refuse there and then, if they believe this would disadvantage the person in question.
(3) If the company phones up for a reference, the referee must decline if they do not want to be a referee.

It is now very unprofessional for a referee to give a bad reference.

I suggest the person above to use an existing employee or someone else as a reference.