I thought bad references were illegal?!

WhistleBlower

Or is this just one fo those things that "everybody knows" but isn't true?

I lost my job with a power company for trumped-up reasons but on the day i was let go i found another job with a different company. (Debt collection agency, please don't hate me!)

Anyway, the new place let me work for them for a total of 3 weeks before deciding that my "references were not satisfactory" and let me go "in accordance with [my] contract"

I don't know what the reference said, they wouldn't tell me.

What can I do? I don't wantt his to ruin my chances of getting another job.

LittleVoice

WhistleBlower wrote: »

Or is this just one fo those things that "everybody knows" but isn't true?

I lost my job with a power company for trumped-up reasons but on the day i was let go i found another job with a different company. (Debt collection agency, please don't hate me!)

Anyway, the new place let me work for them for a total of 3 weeks before deciding that my "references were not satisfactory" and let me go "in accordance with [my] contract"

I don't know what the reference said, they wouldn't tell me.

What can I do? I don't wantt his to ruin my chances of getting another job.

A reference should be truthful. If the truth is "bad", then you can have a bad reference.

You should be able to apply for a copy of the reference by way of a subject access request. They can charge £10.

Torry_Quine

A bad reference isn't illegal if it is correct actually. For instance if a reference said that someone was always late that would have to be documented rather than just an opinion.

Uncertain

WhistleBlower wrote: »

Or is this just one fo those things that "everybody knows" but isn't true?

Correct!

A reference must be true and not deliberately misleading. As long as that is the case it can be as "bad" as he writer likes!

heretolearn_2

It's one of those things lots of people "know" but isn't correct. References have to be true, that's all, which is why most companies are careful with them these days. It's rare for them to state anything other than provable facts and figures now.
Presumably your reference stated that you were dismissed. That's true.

Uncertain

heretolearn wrote: »

It's rare for them to state anything other than provable facts and figures now.

Maybe rare but not unheard of by any means.

This can cause quite a problem if you move from a field where bare facts are the norm. Those expecting flowing essays tend to think they have nothing good to say!

dandelionclock30

References just have to be true like the others have said.However, because lots of the no win no fee solicitors have jumped onto the bandwaggon of suing ex employers regarding references being inaccurate and misleading ,most now stick to the basics only. So they dont end up in court.
If a person gets dismissed they will often provide a start date finish date and say reason for leaving dismissal. Alternatively they may not say why the person left and just provide dates and job description. It depends on the policy of the ex employer.
You can try to negotiate with them, they might not budge but its worth a try for nothing.Otherwize you will either have to be upfront with the new employer,or basically lie and run the risk of getting sacked later.

TrickyWicky

There is no direct law stopping an employer giving a bad reference if its truthful however they must not defame your character otherwise you could sue for defamation. So while there isn't a direct law, you are covered against defamation of character.

With regards to your being let go, you have the legal right to see all data held by the company about you but they may charge you £10 for this. Get your hands on the references and see what they say.

Andy_L

TrickyWicky wrote: »

There is no direct law stopping an employer giving a bad reference if its truthful however they must not defame your character otherwise you could sue for defamation. So while there isn't a direct law, you are covered against defamation of character. .

if its truthful then, by definition, it can't be defamation

Acc72

LittleVoice wrote: »

You should be able to apply for a copy of the reference by way of a subject access request. They can charge £10.

I would do this (just google to get the wording right).

bristol_pilot

Andy_L wrote: »

if its truthful then, by definition, it can't be defamation

One might think so, but not quite correct. A statement might be literally true, but give a misleading impression and be defamatory. For example, a reference might say: 'no customer complaints were ever upheld against this candidate'. If the true situation is that there never were any complaints, then the statement is literally true but gives a misleading and potentially defamatory impression. This is one reason why writing a negative reference is so dangerous. Another reason is that, in a defamation action, the onus is on the defendant to prove that the allegation is true. So if a true statement is made that 'the candidate was at least 10 minutes late at least 3 days a week', the writer had better have the records to prove it or they stand to lose a defamation case.

No-win no-fee is potentially available for defamation caes and damages as well as costs can be substantial, so reference-writers beware!