Unfair dismissal claim?

Petaldust

I've just had a job offer withdrawn due to an unsatisfactory reference from my previous employer, none of which is actually true. On top of this, before they would give me said reference I was made to hand in my notice so I am now jobless. Do I have a case for unfair dismissal, in that they forced me to hand in my notice and then gave a bad reference which jeopardised my new job? Any help much appreciated.

philip

You could have claim for wrongful, unfair and even constructive dismissal, dependant on the precise circumstances. You could even sue your employer if the reference was unjustified.
You must seek urgent advice.Your first call should be to ACAS.Then its the CAB.get their nos from the phone book.
On the face of it you do seem to have been very badly treated and are entitled to recompence.Do not take this lying down.

Dazzieboo

I thought it was now illegal to give a bad reference, bits can be left out, but nothing negative must be said. A friend of mine is often being asked to give references and he says it gives him a nightmare of a job trying to write one when the person was not a good employee as you are not allowed to put that, often people have got unsuitable jobs as a result of this. As others have said, contact ACAS as soon as possible, they helped me with an employment issue and were very helpful and prompt.

Petaldust

Thanks for all your help.

Toots - they wouldn't give me a reference until I'd handed my notice in. My new post couldn't be confirmed until they'd received satisfactory references so there was nothing I could do if I wanted a reference out of them. I would never have handed in my notice if I'd expected a bad reference. I worked for the company for just over two years.

Thanks to everyone else too. There's a small chance that they'll reconsider and still give me the job as I told them yesterday that the reference is untrue, but they're looking into it further. Rest assured that if I still don't get the job, I'll be seeking advice. Cheers.

dmg24

I thought it was now illegal to give a bad reference, bits can be left out, but nothing negative must be said. A friend of mine is often being asked to give references and he says it gives him a nightmare of a job trying to write one when the person was not a good employee as you are not allowed to put that, often people have got unsuitable jobs as a result of this. As others have said, contact ACAS as soon as possible, they helped me with an employment issue and were very helpful and prompt.

It is not illegal to give a bad reference. It is illegal to give an untrue reference.

mikewebs

If you can prove that what was said on the reference is untrue why not sue your ex-employer for defamation of character? I know it won't get you the job, but it may stop him/her from doing this to some other poor individual in the future. Also, while you're at it sue them for unfair, wrongful and constructive dismissal.

If you can prove everything you probably wouldn't have any problem winning.

Good luck

Petaldust

mikewebs wrote:

If you can prove that what was said on the reference is untrue why not sue your ex-employer for defamation of character? I know it won't get you the job, but it may stop him/her from doing this to some other poor individual in the future. Also, while you're at it sue them for unfair, wrongful and constructive dismissal.

If you can prove everything you probably wouldn't have any problem winning.

Good luck

Thank you. I'm certainly going to try to do something so that my ex-emloyer doesn't get away with it, but the problem could come in proving it. Whatever happens, I shall certainly be looking into the fact that I was made to hand in my notice purely to get a reference.