Help Been given bad reference

Uncertain

bristol_pilot wrote: »

Saying that you walked out without notice is a true statement and there is nothing you can do about that.

However stating that someone is incompetent is not factual it is opinion and could be libel if untrue or misleading. If you are in a union or have legal insurance you could look into suing the person who wrote it, also anyone who helped send it like the secretary, office girl, photocopier operator and so forth can be sued. The burden of proof would be on the 'chairman' (and others) to prove justification.

This shows why people are advised not to give bad references.

All of that is true - in theory!

However, few if any "normal" legal insurance policies cover libel cases. Any action has to be brought in the High Court, you need to pay a £10K deposit up front and that is just the start of it.

There is a saying that only rich men and publicity seekers sue for libel!

bristol_pilot

No-win no-fee is available for libel. And MY union does cover it.

Errata

The competence could refer to the fact that in leaving without giving notice, the OP was incompetent.

dmg24

bristol_pilot wrote: »

No-win no-fee is available for libel. And MY union does cover it.

Please point us to a reputable solicitor that will take on a libel action on a no win no fee basis.

bristol_pilot

About half way down the page on this link - under 'conditional fee'

http://www.carter-ruck.com/Media%20Law/Questions_And_Answers.asp

Uncertain

bristol_pilot wrote: »

No-win no-fee is available for libel. And MY union does cover it.

If your union covers it then fine but how many such cases have they ACTUALLY taken on?

Even if you can find a no-win-no-fee deal there would be SUBSTANTIAL insurance premiums to pay as the costs in losing can be huge.

RedSoleShoes

chan_ok wrote: »

so the chairman stepped in to give references !

all i know is that my potential new employer rang me to clarify why i left my last job as it was stated that i walked out giving no notice, and also when asked would you re employ he said no due to competence.

Firstly, I am very surprised that any chairman would get involved in references, but that doesn't help you here.

Can I ask what you said to the new employer when they told you this was on your reference? Did you not get the chance to explain? If not, I would be tempted to get in touch with them and ask if they can get a reference from your line manager on return from holiday. Tell them that this would be more accurate and would let them know you are competent.

Uncertain

RedSoleShoes wrote: »

Firstly, I am very surprised that any chairman would get involved in references, but that doesn't help you here.

Depends on the size of the company.

Some people / places love grand sounding titles. In a way, the only person in a rowing boat can reasonably call himself the Captain!

Googlewhacker

RedSoleShoes wrote: »

Firstly, I am very surprised that any chairman would get involved in references, but that doesn't help you here.

Can I ask what you said to the new employer when they told you this was on your reference? Did you not get the chance to explain? If not, I would be tempted to get in touch with them and ask if they can get a reference from your line manager on return from holiday. Tell them that this would be more accurate and would let them know you are competent.

Only a personal referance by the sounds of it, if it is company policy that referances come from head office only then there is nothing the OP can do about it

chan_ok

I was with the organisation for over 5 years and definitely was competent, i achieved a great deal whilst being in their employment, yes i was in breach of my contract by resigning with no notice but to say he would not rehire me due to competency i feel is misleading and untrue and he cannot back up that statement with evidence.
I did explain to the new employer that i felt his comments were not true but by that time they withdrew the job offer.
i certainly will not be using my previous for references again, which is a shame as it will definitely impact my future job seeking.
But still not sure where to go from here, do i contact the chairman or not.