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breach of compromise agreement by employer.
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sorry yes i should have said, my union requested it and the employer agreed...
i thought i mentioned that didnt i? apologies if i didnt.
Now you mention it, yes I think you did- sorry.
Right. So the union were involved. It therefore makes sense that HR/Management would take advice from them on how to proceed. I don't mean to be harsh but they clearly wanted rid of you in the cleanest and quickest way possible, and giving you the CA was it.
Employers are not allowed to give a bad reference, no matter what the circumstances, but they are also not allowed to lie. So if someone has, eg, been sacked for being consistently late, a reference would not refer to timekeeping! They stuck to the terms of the CA with their original reference and everything would have been fine if this person hadn't got involved. Your ex HR department were put in a very difficult situation when your prospective new employer contacted them. They cannot lie. It MAY have been more helpful to you if they had said "no comment", but I honestly believe this would have been taken in the same way as a confirmation!
Please think about this rationally. Your problem is not your ex employer or the existing CA. Your problem is this person with a vendatta against you!
Pursuing the ex employer will cost you money you haven't got and time you can't afford to waste. Please just think about how your actions have affected your career so far and consider what the best move would be to not throw your future career away....DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go
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skintandscared wrote: »Employers are not allowed to give a bad reference, no matter what the circumstances......
Absolute total rubbish!
They can say anything they like as long as it is true.
This is a total myth that crops up ever few weeks, presumably based on over cautious internal rules in some companies. Probably the same ones that feel the need to print "Warning, contents may be hot" on a coffee cup!0 -
agree with most of what you have said apart from the bit in bold as i do believe the one employee would have been viewed as a vindictive mad man, indeed that was new employers impression of his email.
Yes, I agree that was their impression before they spoke to your ex employers. Then there were three options, and only one would have ended up in them not believing that tip off. The only reply from your ex employer which would have reinforced the "vindictive" impression would be a "good god no, that's absolutely not true", which would have been a lie.... That is NOT an option that your ex employer could really have taken. I can promise you that the other two options - telling the truth or saying "no comment" both would have resulted in where you are now.DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go0 -
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Absolute total rubbish!
They can say anything they like as long as it is true.
This is a total myth that crops up ever few weeks, presumably based on over cautious internal rules in some companies. Probably the same ones that feel the need to print "Warning, contents may be hot" on a coffee cup!
I will rephrase that then. Employers generally do not give references that are bad but tend to avoid commenting on issues that have been problematic, so as not to compromise themselves.
Quoted from advice published by Pinsent Masons solicitors, updated in June 2011 "Even if the reference is factually accurate, the employer must avoid creating an unfair impression of the employee concerned, for example by focussing on negative facts and omitting to include more positive facts about the employee."DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go0 -
mmm arguable i could - and would - have minimized the damage by getting my point of view accross.
i certianly would NOT have been branded a liar as they did when withdrawing my offer!
in fact that was the main reason they withdrew - because I lied!
erm, but you did lie!
*bangs head on table*
DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go0 -
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