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Bad reference - what can I do?
Comments
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I had a bad reference once from an ex employer, but didn't know aything about it until a couple of years down the line when i became a supervisor and had access to personal files, i was so shocked as the previous employer i had worked for for years and thought i had left on good terms.
When i asked my boss why they had taken me on with a bad reference they said they took their decision based on their instinct from my interview and as the bad reference wasn't anything major they overlooked it.
Hope this is what company c do for you too.
Good Luck0 -
You could Subject Access Request for your reference, the recipient cannot refuse to supply you with a copy .
I think you will find that though you could make the request the recipient (Company C) can refuse (and seems to have done so) - if the provider has stated that it cannot be passed to anyone else.0 -
Have they got the right person at Company A? Perhaps the person who wrote it got the wrong file out? Just a thought if there has never been a problem and the reference has changed.0
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I'm with zazen999 here, does sound rather odd. OP do you have a common name - did you have the same name, or surname as someone elsein Compnay A. If the reference they gave to Company B was fine seems weird they would not change their tune now.
Companies are usually very careful when they give references as they can get into all sorts of trouble if things are inaccurate. Perhaps Comn pany A have a new and inexperienced HR person who has a grudge about women leaving to have babies?
We can only speculate.
It sounds like Company C have read between the lines and aren't too worried, if you've got to this stage they're already pretty keen to take you on. Fingers crossed that this is the case.0 -
You may be able to claim damages from the ex-employer if they knowingly or negligently issue a falsely negative reference which results in loss. You might be interested in this quote (from LSE website: www2.lse.ac.uk/humanResources/employmentRelations/informationForManagers/providingAReference.aspx):
Defamation
An employer can be sued for defamation if a reference contains a false statement that is damaging to the subject's reputation. The subject of the reference must be able to prove that the false information was given with malicious intention.
Negligence
Referees owe a duty of care to former or current employees when giving a reference on their behalf and can be held liable for damages caused to employees by negligently prepared references. They must therefore ensure that all information provided is accurate, true and fair and that the reference does not give an unfair or misleading impression. (Spring v. Guardian Assurance)0 -
I do have a common name and Company C did ask if Company A could have got the wrong person but as it was such a small workforce I'd be surprised.
If I don't get this job I will certainly ask to see it under Subject Access Request. New company said it was like reading about 2 different people.0 -
the easy way to give a bad reference is to say "no comment "
it covers a multitude and says nothing"Do not regret growing older, it's a privilege denied to many"0 -
General_Tactifer wrote: »You may be able to claim damages from the ex-employer if they knowingly or negligently issue a falsely negative reference which results in loss. )
All of that is true, but it costs ££££'s to run a case like that, and with no guarantee of success. People who make those type of claims usually have union backing, or some external funding (though if OP has house insurance which includes legal cover, she might be covered)
Seriously, if company C has got this far, and has discussed it with you, I doubt you have much to worry about. Fingers crossed.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
I do have a common name and Company C did ask if Company A could have got the wrong person but as it was such a small workforce I'd be surprised.
If I don't get this job I will certainly ask to see it under Subject Access Request. New company said it was like reading about 2 different people.
I'd suggest that company C need to go back to company A and ask them directly. It's worth a punt.0 -
how about getting a friend to phone company A and say something like ,
I am Mrs x from company C ,can you give me more details on lucy .
Then see what they say ."Do not regret growing older, it's a privilege denied to many"0
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