Bad reference - what can I do?

shikoku

LittleVoice wrote: »

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.

The recipient of the reference must supply the document in response to a legal request, even if they have been instructed not to by the previous employer.

They could remove the name of the individual who wrote it if they had reason to think that person might suffer as a result of their identity being revealed; however the body of the reference would still need to be provided.

The OP would need to make a complaint to the Information Commissioner's Office if they refused.

Lucy-Jane

Company C are going to try and talk to Company A. I gave them further referees to contact (previous employers) too so hopefully the good will outweigh whatever's been said.

I would hire me so I hope they feel the same!

Why does this sort of thing happen on a Friday so you have all weekend to stew?!

SueC_2

zzzLazyDaisy wrote: »

If you are still on good terms with company B, you could ask them to provide you with a copy of the reference that company A gave to them. At the very least it will show the new employer that company A is being inconsistent.

They may not be being inconsistent. To use the term "good reference" or "bad reference" is quite subjective.

It could be something as simple as Company A factually stating the number of sick days you took. Company B may find this an acceptable level, and Company C may think it unacceptable. The same principle could apply to any number of scenarios.

Lucy-Jane

Sue I would agree with you but Company C said it was like the references they received were about 2 different people so I am assuming there's something personal.

bristol_pilot

The first step is to get a copy of the reference. If it is defamatory, then some firms of lawyers will now take on these cases on a no-win-no-fee basis (this has been available in libel cases since the year 2000) and the onus is on the writer of the reference to prove that it is not defamatory. Even if a reference is factually correct, it may still be defamatory if it gives a misleading impression 'in the round'.

LittleVoice

shikoku wrote: »

The recipient of the reference must supply the document in response to a legal request, even if they have been instructed not to by the previous employer.

They could remove the name of the individual who wrote it if they had reason to think that person might suffer as a result of their identity being revealed; however the body of the reference would still need to be provided.

The OP would need to make a complaint to the Information Commissioner's Office if they refused.

Yes, to quote from http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/employment_practices_code.pdf

"Under a specific exemption in the Act, a worker does not have the right to gain access to a confidential
job reference from the organisation which has given it. However, once the reference is with the
organisation to which it was sent then no such specific exemption from the right of access exists.
That organisation is though entitled to take steps to protect the identity of third parties such as the

author of the reference."

(I think this has changed since the DPA originally came into force.)

Lucy-Jane

If the new company do give me the job - would you all still try and find out what was in the reference?

Or cut my losses and not worry?

(I won't know til Monday but just wondered what you thought).

bristol_pilot

If you still get the job, I would have thought that damages for libel would be considerably reduced and so not worth pursuing. But I wouldn't ask for a referenece from that company again in future.

Lucy-Jane

Bristol, if I do get the job I certainly wouldn't be pursuing libel damages - it was from a point of simply knowing what they said.

May be better to not know, this weekend has been hideous racking my brains as to what they could have put. <<wails>> I haven't done anything wrong!

olly300

Lucy-Jane wrote: »

If the new company do give me the job - would you all still try and find out what was in the reference?

Or cut my losses and not worry?

(I won't know til Monday but just wondered what you thought).

I would find out what is in the reference.

Company B would give you a copy under the Data Protection Act using a Data Subject Access Request even if Company C won't.

The reason is that if it is related to your maternity leave then it's sex discrimination and you can do the company A under the Sex Discrimination act at an employment tribunal. Alternatively as already suggested you can do them for deflamation.
Regardless of the amount you are awarded it will stop company A doing it again and they would probably revert to references where they just give your job title and date you worked for them. (One of my previous employers did that because they were sued in the States.)

In addition if you know other people still working for company A you can warn them particularly if you know the individual who writes the references.