Can my friend find out if she is being given bad references?

peter999

Spendless wrote:

I admit I thought it was only a tax code that was sent,
but then I've never worked in a wages dept so I don't know.
...she could be in bother if found out and at min she's finding it hard enough to get a job in first place.

Any more ideas as to what Rose could do

If you give P45 to employer they will see previous earnings or you can send to Tax Office & employer will only get tax code.

It's a hard lesson, but people/ex employers/landlords can cause you problems,
if you don't play ball.

Missing off things from your CV is not lying.
Go to a CV advice workshop to see how to rewrite CV in an appropriate way.

peter999

Savvy_Sue

I would not miss things off my CV, but I would put a big black NO in any box which asked if Company A or B could be approached for a reference without your prior knowledge. And perhaps a covering letter explaining that you will be happy to give your reasons for this at interview. Always easier to explain these things face to face: "I had hoped to agree a finishing date with Company A, but they then tried to retain my services for longer than my notice period and this led to some ill feeling. I suspect I am not being given a fair reference and would prefer you to use X and Y instead."

But if you read the link I posted, it seems to me that Companies B and C MAY have an obligation to give Rose a copy of the reference written by Company A. Plus, if she wrote and asked Company A for a copy, she could point out what the Information Commissioner says: ie "It would seem reasonable to provide a copy if a reference is wholly or largely factual in nature, or if the individual is aware of an appraisal of their work or ability."

I might, in Rose's position, say that if they are not willing to provide a copy, I shall be forced to conclude that their reference is LESS than wholly or largely factual and take legal advice on the matter. I'd certainly talk to ACAS about this!

Spendless

Savvy_Sue wrote:

I would not miss things off my CV, but I would put a big black NO in any box which asked if Company A or B could be approached for a reference without your prior knowledge. And perhaps a covering letter explaining that you will be happy to give your reasons for this at interview. Always easier to explain these things face to face: "I had hoped to agree a finishing date with Company A, but they then tried to retain my services for longer than my notice period and this led to some ill feeling. I suspect I am not being given a fair reference and would prefer you to use X and Y instead."

But if you read the link I posted, it seems to me that Companies B and C MAY have an obligation to give Rose a copy of the reference written by Company A. Plus, if she wrote and asked Company A for a copy, she could point out what the Information Commissioner says: ie "It would seem reasonable to provide a copy if a reference is wholly or largely factual in nature, or if the individual is aware of an appraisal of their work or ability."

I might, in Rose's position, say that if they are not willing to provide a copy, I shall be forced to conclude that their reference is LESS than wholly or largely factual and take legal advice on the matter. I'd certainly talk to ACAS about this!

whoops no sorry:o I thought you had copied to your post the relevant bit, and it was just your idea that company B or C might provide it instead. I have now read it and that is very helpful and def something Rose isn't aware of :A

I also like your suggestion about saying no to compoany A giving a reference and the reason why, and if all else fails I def suggest to her she talks to ACAS.

Thank you everyone :T

snackatack2000

i have just read this on a free legal website...it might be of help to rose...

the website is.. http://www.freeadvice.com/ its for law and legal advice..


Question 1 of 2

I'm in a job hunt after being fired. I found out that my previous boss is giving me nasty references. Does my ex-boss have a free hand to just say anything? What can I do?

Your former boss does not have carte blanche to say just anything about you. But it can give candid assessments of your job performance, but the information provided must be accurate and be backed up. Unless the reference is slanderous (false and mean spirited) a mere bad reference isn't actionable. And suing or threatening legal action can make it even worse (e.g., "I fired this horrible person and then he used me for a reference, and he sued me for telling the truth").

As a practical suggestion, go to the library and read a book about getting a new job. Many have suggested ways of counteracting a boss who gives bad references, such as giving the name of co-workers or others in supervisory positions.


also there is this site that will give free employment legal advice if you email them details of the problem http://www.totaljobs.com/Contents/Editorial/FreeLegalAdvice.html

also this one looks very good http://www.prp-online.co.uk/employment_law.htm

i hope these help...if you send them basicaly what you have said here, also ask if he is allowed to give bad ref after winning tribunal against them...


me personally would have put someone else i worked with in the company down as a ref not the boss if id just taken him to tribunal and won....

hibees1875_2

copies of previous references can be requested direct from the employer. if they initially refuse then cite the data protection act. if they charge a tenner for this then it will be worthwhile.
however, there is a more fundamental problem with this scenrio, namely, sacked by company b after starting work... no reason given?? c,mon, they have to give a reason otherwise they open them selves up to unfair dismissal, and unless it is gross negligence then they need to provide training and time for you to rectify this. if it was simply down to the reference well, it's their tough luck... unless the contract said subject to satisfactory references. however, in that scenario she shouldnt have started until reference process was complete. then company c with a bit of nepotism? i would have reported them.
if this is all real then rose is very unlucky and i feel for her. however there is a fishy smell about all this.
good luck rose

Astaroth

peter999 wrote:

Yes, her CV will be sent to MI5 & a job referencing company.
You don't need to declare previous earnings to next employer, they only need tax code.
.

A really helpful and sensible post.

When I worked in HR for a very short time we did receive both the tax code and earnings/ tax paid to date for the year. Now it wouldnt take a genius, as you clearly must be, to work out.... new employee A has stated they havent worked for 3 years, tax office states they have earned £30,123.32 so far this year.

Now prehaps the system has changed in the last 8 years in which case I stand corrected but there really isnt any need to be a prat and insult people for trying to give advice

Spendless

snackatack2000 wrote:

me personally would have put someone else i worked with in the company down as a ref not the boss if id just taken him to tribunal and won....

This is where the problem lies. It is the company that Rose took to tribunal AFAIK the written references come from the HR dept at HO, so the opportunity for another worker at company A to give a written reference doesn't arise.

Spendless

hibees1875 wrote:

however, there is a more fundamental problem with this scenrio, namely, sacked by company b after starting work... no reason given?? c,mon, they have to give a reason otherwise they open them selves up to unfair dismissal, and unless it is gross negligence then they need to provide training and time for you to rectify this. if it was simply down to the reference well, it's their tough luck... unless the contract said subject to satisfactory references. however, in that scenario she shouldnt have started until reference process was complete. AFAIK you can get rid of anyone at anytime until you have worked there 1 year, giving the reason 'you are not suitable for position' though I would have thought if you actually accuse them of say theft, without proof or evidence they would leave themselves wide open to prosecution .Can anyone please clarify this

then company c with a bit of nepotism? i would have reported them.Who can you report them to
if this is all real then rose is very unlucky and i feel for her. however there is a fishy smell about all this.I totally believe this is true. I have known her many years. This is why she would like to get to bottom of exactly what is going off, of course it might be a string of unhappy co-incidences.:cool:
good luck rose

Thanks for the best wishes:)