Previous Boss Lied On My Reference - Offer Retracted

Katie_Bell

I was due to start my new job on the 30th, but I've just been called by my agency to say the offer has been retracted due to my boss's reference. He said he was about to start disciplinary proceedings against me and that we had to have weekly performance reviews. Everybody had weekly meetings to review the week and he hadn't started disciplinary proceedings. I need to call the company who made the offer, but I'm too upset and don't know what to do. Please help, I can't stop crying.

Alleycat

I can't offer any constructive advice, but I am sure I read on here somewhere some info about this sort of thing. They are not allowed to give out false information and I think could be prosecuted.

Do a search on here for employment rights or similar and I am sure it will bring up some hits. Also do ring the company asap and tell them that you believe your ex employer lied on your reference and you are seeking to sort it out asap. If they can hold the job for you for say 24 hours at least so you have some time to find out your course of action.

Ring them now before they offer the job to someone else!!!

Alleycat

Just found it, here.

newlywed

http://www.wrighthassall.co.uk/resources/factsheets/emp_givingreferences301205.aspx
http://www.elbornes.com/employment/employment04.htm
"in the House of Lords case Spring v Guardian Assurance plc [1994] the majority view was that an employer has a duty to take reasonable care when writing a reference, ie. a reference must be accurate and must not mislead the recipient."

hjb123

Sorry to hear about that - was there any problems between you and your old boss at your old workplace? You could try ringing ACAS and see if they are able to offer any advice.

annie-c

Hi Katie

I'm really sorry to hear this.

First things first, you need to take some deep breaths, have a strong coffee or whatever you need ot do to calm yourself down and try to think straight about this.

Do you know why your reference might have said these things? Is there anyway it could be a mistake by either the agency or by the HR dept at your old place or something? Were there problems with your boss - even if they didn't go as far as disciplinary proceedings? It may be worthwhile trying to speak to someone at the agency or your old employer before contacting the new company.

Come back on and tell us a bit more and we'll all do our best to help.

Take care

Annie xx

olly300

ACAS can only offer basic employment advice so you need to see the CAB or a legal centre.

But first you should speak to the agency about the job and also send a fax to the agency stating what you were told with the names of the people involved and dates even if they are approximate. State at the end that if they disagree with your version of events then to write to you within 7 days. This is so that if you have to take any legal action or threaten it, you have proof of what was said so keep the fax reciept.

I would then get in touch with the CAB ASAP, and arrange a meeting with an employment adviser. Take all documents related to your previous employment and the letter with you.

Katie_Bell

Sorry that my first post was a bit vague. My company was a small company, the week I left they took on their 5th person. The day after I left my colleague left as the boss's behaviour was unbearable. I did say briefly in my interviews that I didn't get on with my boss, but I didn't say how bad it was as I didn't want to come across as unprofessional.

At the moment I am waiting for the MD of the new company to call me, she said she would this afternoon. I'm really nervous.

crossleydd42

It might be true that the employer was intending to take disciplinary action, but the prospective employer should not infer from that that the 'charge' was justified or that employee would have been found 'guilty' of the offence. INTENDING, LIKE MIGHT, and IF, is a big word. Remember, you are innocent until proved guilty. Posts 6 & 7 are useful.

coolio_2

Also, maybe suggest to the MD at the new place that you understand their position, but that you will be taking action against your previous employer, you really want this job, and if they are uneasy, howabout a 2 months trial period and the review after that. State that everyone had a weekly meeting.

Katie_Bell

coolio wrote:

Also, maybe suggest to the MD at the new place that you understand their position, but that you will be taking action against your previous employer, you really want this job, and if they are uneasy, howabout a 2 months trial period and the review after that. State that everyone had a weekly meeting.

Thanks Coolio. I was going to do all of that, I was even going to suggest going in as a trainee for 3 months and then I could prove myself to her. She did tell my agent she was pleased I was fighting for it and wasn't just accepting it.