Complaint against former emplyer

fabio11

Hi,
I resigned from my previous job few months ago due to non-functional relationship with colleagues. I applied for another job and my previous manager worte a negative reference letter and I was declined the job.
I asked my previous emplyer HR department about it and they have said that I can make a complaint agianst manager three months after leaving so I still have few days left to make a complaint.

My two woriies are
1-If I make a formal complaint I am not sure about the outocome but it will stay in my previously blank HR file with previous emplyer.
2- In future maybe my previous emplyer will never re-emply me after looking at HR file and also any potential new emplyer can have access to my HR file showing I am use to complanining.

Please help me whether I should let it go and just avoid that particular manager as referee in future or also make a point by compaining about that manager?

Many thanks

dmg24

Was the reference true/ honest?

LittleVoice

fabio11 wrote: »

Hi,
I resigned from my previous job few months ago due to non-functional relationship with colleagues. I applied for another job and my previous manager worte a negative reference letter and I was declined the job.
I asked my previous emplyer HR department about it and they have said that I can make a complaint agianst manager three months after leaving so I still have few days left to make a complaint.

Give the HR department as a referee?

fabio11

Thanks DMG
Well it was not true reflection of me and also was quite contradictory to my annual apppraisals written by same manager.

Thanks Little Voice
I will do this in future but thats why I want to know whether complaning to HR about a manager will have negative effect for my future emplyabilty and ref letter coming from that HR?

VfM4meplse

fabio11 wrote: »

Thanks DMG
Well it was not true reflection of me and also was quite contradictory to my annual apppraisals written by same manager.

In your first post your alluded to a non-functional relationship with your colleagues.

Put yourself in you former employer's position before you take any action. It doesn't matter how brilliant you were at your job technically, the reference would have sought a response to specific questions and if one related to how well you work in a team or whether your referee would re-employ you, what do you expect the answer to be?

I would chalk this one down to experience and take it as a learning point.

TEDDYRUKSPIN

fabio11 wrote: »

Hi,
I resigned from my previous job few months ago due to non-functional relationship with colleagues. I applied for another job and my previous manager worte a negative reference letter and I was declined the job.
I asked my previous emplyer HR department about it and they have said that I can make a complaint agianst manager three months after leaving so I still have few days left to make a complaint.

My two woriies are
1-If I make a formal complaint I am not sure about the outocome but it will stay in my previously blank HR file with previous emplyer.
2- In future maybe my previous emplyer will never re-emply me after looking at HR file and also any potential new emplyer can have access to my HR file showing I am use to complanining.

Please help me whether I should let it go and just avoid that particular manager as referee in future or also make a point by compaining about that manager?

Many thanks

Sorry to hear about that Fabio. I 'KNOW' you can do the following and it is worthwhile doing this as well - mainly due to the future, it will happen to someone else.

(1) To the company that you did not get the job. Due to data protection, you can request a copy of the reference letter that was sent to the copy. YOU MUST DO THIS IMMEDIATELY.

(2) Do you still have a copy of the letter or email, telling you that you have declined the position? Any proof that it was due to the reference? If so, keep a copy.

(3) Get a legal representative ASAP! Phone ACAS for some advice. They are quite good.

All in all, the above three will take them to a tribunal.

Companies must know that they are no longer able to write bad references anymore! They can only decline to provide a reference! I just can't believe this is happening still in this world.

I know plenty of people who have taking previous employers to a tribunal and won a fair amount of money.

fabio11

VfM4meplse
Thanks for your message but there was not specific question about team working and manager delibeartely added that in letter.
Contrary to that in annual appraisals there is a box for team working which my manager ticked to excellent.
It just show his malicious intensions. If there was any problem he should have discussed this with me or raised to HR (thus giving me opportunity to clear my name) instead of writing in ref letter.
This has tarnised my reputition and is breach of contract.

fabio11

Hi TEDDYRUKSPIN
Thanks for your reply.
I have a copy of the letter.
New company informed me on phone that they are declining due to ref letter but will not give me in writing due to potential lawsuit. Though they have given me usuual rejection letter.
I called ACAS and spend long time discussing with them but they have informed me that this is civil law case which they dont deal nor leagal aid will help me with it.
I am currently unemployed living on my savins, I have not claimed any benefits and dont want to go on benefits but all the lawers are charging between 50-200£ per hour for their sevice and any no win no fee lawyer dont want to take such (ref letter) case untill unless I add accusition of bullying etc (I dont want to go so far).

dmg24

TEDDYRUKSPIN wrote: »

Companies must know that they are no longer able to write bad references anymore! They can only decline to provide a reference! I just can't believe this is happening still in this world.

This is absolutely wrong. As long as the reference is accurate it can be negative.

fabio11

Yes dmg you are right and this is what I have been told by ACAS and few lawyers but in my case my manager wrote contradictory things to his own hand written appraisals.
I guess he was thinking that as ref letter is confidential I will never know his !!!!!y nature and will always think how great he is to write me such good appraisals but my prospective emplyer has handed me that letter.

dmg24 wrote: »

This is absolutely wrong. As long as the reference is accurate it can be negative.

Emmzi

Teddyrukspin I've seen you touting this before and you are NOT RIGHT.

Please find me the law, or case law, that says you cannot give a bad reference. You'll be looking a long while because it does not exist!

The requirement for references is that, if they are given, they must be ACCURATE. Which is not the same as good.