Complaint against former emplyer

fabio11

After getting this letter when I phoned previous manager he was sheepish and when I spoke to HR thet said I MAY complain and they will investigate about it.
Coming back to my original post should I let it go and avoid putting him as future referee or should I complain for my satisfaction and benefits of others.
Personally I want to file a complaint but am worried if HR investigation is fruitless (as my previous manager has significant clout over every dept of company) then it will just leave a black DOT in my HR file.

MrsTinks

fabio11 wrote: »

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.

I don't think it matters what is in your appraisals, especially not if the behaviour/incident occured after your last appraisal... it will depend on how it's worded however, but you are not saying he's lying, just that it's contradicting your appraisal?
And I'd be REAL careful using expletives about your former manager on an open forum...

Lodge the complaint with your previous employer by all means, ask ACAS if they think you have a case for constructive dismissal or seek legal advice. From what you're saying though I am thinking that you will be wasting your time and money as there isn't enough for a constructive dismissal... Remember that is just based on what you have put here...

And ofcourse the employer who rejected you have refused to give you written confirmation about why you were rejected for the job - leaving you with nothing to really throw at anyone regarding the reference... unfortunate really...

In future - apply for other jobs and just tell them that you left x employer due to differences of oppinion - if they want a reference from them please contact HR who will be able to provide it.

fabio11

Thanks Mrs Tine
From what I have been told by ACAS and legal people, there are two different pictures

First is that it is very difficult for constructive dismissal and even if I complain it will be about instructing that particular manager to avoid such ref letter in future.
But if my manager (he has significant clout on everyone in the company) put some thing in my HR file then even HR file will be oblige to write that matter in my future ref letter. It is surprising to see how some people can strat to think like God when in position of power and authority. And please dont forget that HR is there to protect company interest not of former employees.

Second is that I should definitely complaint and no matter whatever is the outcome I can take them to emplyment tribunal in any time between 1 year to 6 years after the HR investigation conclude. Without complaining there is no guarantee that these things will never happen again but I wont be able to make complaint as time to file one will pass in few days.

Now I am not sure what to do as I am not in a position to seek independent legal advice due to financial circumstances. Legal aid or ACAS dont deal with such civil law cases.

fabio11

Please can anyone give me some advice as I am left with very few days to decide whether to make a formal complaint or not.
Thanks a lot

bluetownbarry

dmg24 wrote: »

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

I still can't believe that people still give advice that employers can't give negative references! Of course they can, if of course as DMG says it is factually truthful & accurate.

fabio11

Thanks but this matter or good or bad ref letter is setlled now. Can we please come back to the original topic and please give me some advice?
Thanks

bluetownbarry wrote: »

I still can't believe that people still give advice that employers can't give negative references! Of course they can, if of course as DMG says it is factually truthful & accurate.

bluetownbarry

fabio11 wrote: »

Thanks Mrs Tine
From what I have been told by ACAS and legal people, there are two different pictures

First is that it is very difficult for constructive dismissal and even if I complain it will be about instructing that particular manager to avoid such ref letter in future.
But if my manager (he has significant clout on everyone in the company) put some thing in my HR file then even HR file will be oblige to write that matter in my future ref letter. It is surprising to see how some people can strat to think like God when in position of power and authority. And please dont forget that HR is there to protect company interest not of former employees.

Second is that I should definitely complaint and no matter whatever is the outcome I can take them to emplyment tribunal in any time between 1 year to 6 years after the HR investigation conclude. Without complaining there is no guarantee that these things will never happen again but I wont be able to make complaint as time to file one will pass in few days.

Now I am not sure what to do as I am not in a position to seek independent legal advice due to financial circumstances. Legal aid or ACAS dont deal with such civil law cases.

They are playing games. You only have three months to file an ET1 form at the tribunal. After that, you lose the right to put a claim in. However, you appear to have voluntarily resigned. The only claim open to you would be for constructive dismissal. Without knowing the details of your case, you should be aware that it is a very difficult case to prove. Less than 3% of all contructive dismissal claims win.

Your choices are, put in a claim (you need to do this quickly - it can be lodged online) or just put a complaint in.

Personally, I'd put the complaint in - speak to the head of HR - highlight the discrepencies in your appraisals. You may be able to negotiate a better or at least 'nuetral' reference.

Hammyman

Get over it and move on. There is nothing in law which states that a referee cannot elaborate on your employment providing it is factually true. So they could be asked "Please can you provide a reference for Mr.X who was employed from A to B" and it is perfectly legal for the ex-employer to go "Was capable at doing their job but had issues with colleagues and not good at working as part of a team" if that was factually correct. If they were asked in the letter " Is Mr.X good at their job?" they still can legally reply "Was capable at doing their job but had issues with colleagues and not good at working as part of a team" if that was factually correct.

fabio11

Thanks Bluetownbary
But please see the advice given to HR by a lawyer

Under employment and discrimination law, you are obliged to address concerns raised by a former employee, but you don't have to follow the detailed steps of your grievance procedure in the way you would if he or she was still an employee.
Rather, you simply need to respond in writing to the complaint within 28 days, and that is all - unless the person then complains to the Employment Tribunal that there was sex discrimination or harassment. The complainant can do this, because there is no qualifying period for making such claims - unlike the 12-month limit for unfair dismissal claims.

KiKi

TEDDYRUKSPIN wrote: »

Companies must know that they are no longer able to write bad references anymore! They can only decline to provide a reference!

This is *completely* false, and I wish you'd stop posting this on this forum (as I have seen in several posts from you). Employers can say ANYTHING THEY LIKE in a reference - as long as it's factually correct.

In fact, employers can say anything they like, full stop! But if it's not factual, then they run the risk of the employee complaining.

fabio11 wrote: »

Coming back to my original post should I let it go and avoid putting him as future referee or should I complain for my satisfaction and benefits of others.
Personally I want to file a complaint but am worried if HR investigation is fruitless (as my previous manager has significant clout over every dept of company) then it will just leave a black DOT in my HR file.

OP, it depends on what was in the actual letter. Forget whether or not it contradicts your performance reviews for a moment. The only question you should be asking yourself is:

"Is anything in the reference factually incorrect?" If so, then contest it.

fabio11 wrote: »

First is that it is very difficult for constructive dismissal and even if I complain it will be about instructing that particular manager to avoid such ref letter in future.

I don't see that you have any case for constructive dismissal from what you have posted. It is nigh on impossible to prove, you are highly unlikely to win, and you would have to prove that your manager / employer did something significantly terrible to warrant leaving, and that you took every action to resolve it before doing so. "My manager was a pain in the neck" isn't a reason for constructive dismissal.

Second is that I should definitely complaint and no matter whatever is the outcome I can take them to emplyment tribunal in any time between 1 year to 6 years after the HR investigation conclude. Without complaining there is no guarantee that these things will never happen again but I wont be able to make complaint as time to file one will pass in few days.

As above, you have no case unless what was in the reference letter was factually incorrect. Until you can answer this question, there is no point going to an ET.

HTH
KiKi