Urgent help in the next few days RE references! Please Help

littlelol2012

Uncertain wrote: »

Where oh where does this ridiculous myth keep coming from?

As stated above they can say anything they like as long as it is TRUE and not intended to mislead. (Yes you can deliberately mislead with the truth but lets not go there)!

However, in this case the issue is that the previous employer made a false statement and caused the OP a loss by doing so. She could have taken action about that and possibly obtained some compensation.

The problem is how to prevent this happening again. The employer is not obliged to give a reference at all and could simply ignore any future requests. If she simply "has a go at them" about the previous problem that is most likely what will happen.

One option would be to threaten legal action over the previous problem then let the matter drop in exchange for an agreed written reference. The problem is that to be effective this would probably need to be done via a solicitor at significant cost. Even then, if the first employer really has it in for her, it is very had to police what happens by word of mouth in a small world.

Realistically, finding an alternative reference is probably easier.

Finally, technically time off to look after a sick child is not sick leave so this point also needs addressing.

Thank you for your help.
The manager was a terrible one; not giving a colleague the day off to take her daughter to hospital for a heart operation despite the girl having found cover to replace her shift; giving another girl a disciplinary for having a weekend morning job, which went against what was stated in the policies (the girl threatened tribunal and she dropped it within an hour or her boss coming in).
She had personal go's at the staff (including with my sick days i believe).
She did not practice professional relationships with the staff and was far too 'pally' with the staff, however this is all not relevant for my case, and whilst employed there I did not involve myself with her in this way.
For whatever the reason, despite my number of sick days which I even doubt, I just don't want this to recur. My mum is knowledgeable with law, she is coming round this evening to help me write a letter... I just wanted a little bit of advice from more knowledgeable people than myself!

dseventy

littlelol2012 wrote: »

at the time my mother said that they couldn't do that and I should sue her !

littlelol2012 wrote: »

My mum is knowledgeable with law, !

Your mum is NOT well versed in employment law and I suggest you take no advice from her re your reference problem!

D70

98jdougl

Did you take any sick days after the meeting where you were given your months notice which would have pushed you over the 19 days you were told you had had?

Torry_Quine

littlelol2012 wrote: »

We didn't have sick leave as part time employees, if we didn't go in, we weren't paid. simple as that. I didn't use sick leave at all.

It's still sick leave, just unpaid.

Also don't you know how many days off you had. It's always a good idea to keep a note of sick time and holidays taken so you can check.

Uncertain

mrsmsport wrote: »

OK we get that the "not allowed to give a bad reference" is a myth. Lets not get excited. LOL
But employees that have given an inaccurate reference can sue the employer for negligence as the employer must take reasonable care in the prep of a reference.

Yes, that is correct.

How easy that may be in the real world is another matter. As I said, you MAY be able to use that as a lever to get an agreed reference in the future but I suspect to have much chance your approach will need to come from a solicitor rather than you and your Mum.

Uncertain

dseventy wrote: »

Your mum is NOT well versed in employment law and I suggest you take no advice from her re your reference problem!

D70

As I read it the OP's Mum was referring to the fact that the reference was INACCURATE (as opposed to just "bad") which is actionable.

LadyMissA

Uncertain wrote: »

The cannot of course legally ask this question at interview. It can be asked once a job offer has been made.

Can they not? I have had to fill in an application before where I was asked to detail all the sickness and how long and what it was for etc. Does that count?

Uncertain

LadyMissA wrote: »

Can they not? I have had to fill in an application before where I was asked to detail all the sickness and how long and what it was for etc. Does that count?

Under the Equality Act 2010, which came into force on 1 October, any medical questions asked before a job offer is made must relate specifically to the tasks involved in carrying out the role.

LadyMissA

Uncertain wrote: »

Under the Equality Act 2010, which came into force on 1 October, any medical questions asked before a job offer is made must relate specifically to the tasks involved in carrying out the role.

Oh I never knew that. I guess if its on an application form you have to fill it in though. thanks