Bad reference

Moot

Hi

My partner works for local councils through an agency on a freelance basis.

Today she recieved a call from her agency telling her that the reference from her last job was really bad. She expected to get no reference as this manager has refused to give two of her colleagues a reference.

She has had a look at it and the reference makes several accusations, yet provides no evidence to back up these accusations and no disciplinary procedure evidence either. Needless to say my partner refutes the comments as they are factually incorrect opinion/lies.

Unfortunately the manager has a grievence against my partner as she employed her in the wrong role (manager's mistake), alledgedly she was given a dressing down by her superiors for this error.

My partner was then put into another role and had her pay reduced. Whilst unhappy with this she continued to work hard and diligently prefering to look for a new job than kick up a fuss. She was then handed notice as they found a permanent person for her role.

This bad reference is something she really does not want on her work record. As yet it has not had an impact on her getting a new job but we are concerned about it.

Does anyone have any advice on how to approach getting this changed or removed as we fear it could restrict her job prospects as she is now looking for a permanent post.

We are not interested in court action, etc unless this really starts to have an effect on her job prospects.

We just want an honest reference to go alongside the other good references she has.

It's really annoying when people make things up to get at you. As if giving you notice is not enough .

Thanks

Acc72

The good news is that this has not affected your partners current job (who will be able to provide a reference in future).

Before you do anything, you need to get a copy of the actual reference.

With regards to the two colleagues, this person cannot refuse to provide a reference - what type / size of organisation are we talking about ?

Moot

Thanks for the reply.

It's a city council.

Catherine_Johnson_2

Acc72 wrote: »

.............With regards to the two colleagues, this person cannot refuse to provide a reference - what type / size of organisation are we talking about ?

Where on earth did you get that idea from? Of course someone can refuse to give a reference if they don't want to. There's no law which says someone has to provide a reference! In fact, many employers don't these days because, if they say something wrong in the reference, it can cause them trouble (quite rightly). Some other employers will only give the barest details - the dates a person worked for the organisation and, perhaps, the role they were employed in.

To the OP, as your partner has already found a new job, a reference from a previous employer from several jobs ago will become less relevant and less often asked for. It will usually be the current employer who is asked for the reference. Ask to see the 'bad' reference as, at the moment, you're only going by hearsay. If there are things incorrect in the reference when you see it you can challenge this with the person who wrote the reference.

SarEl

Acc72 wrote: »

The good news is that this has not affected your partners current job (who will be able to provide a reference in future).

Before you do anything, you need to get a copy of the actual reference.

With regards to the two colleagues, this person cannot refuse to provide a reference - what type / size of organisation are we talking about ?

Actually, an employer can refuse to provide a reference. There is no requirement to provide a reference. Since this is a public sector agency then the chances are that HR would not refuse a reference, but may only provide a basic reference if a manager refuses to write one.

If there has been no impact on current employment (and hence, it would seem, little prospect of impact on future employment); and if you do not want to go down a legal route (which will be very difficult to do anyway since there is no detriment - what do you actually want out of taking this further? Because what you want to happen dictates the possible routes - and also the prospects of success.

And how does the manager have a grievance against your partner for something the manager allegedly did?

Savvy_Sue

Acc72 wrote: »

With regards to the two colleagues, this person cannot refuse to provide a reference - what type / size of organisation are we talking about ?

As already stated, anyone CAN refuse to give a reference, however in a City Council I'd expect there to be certain guidelines, and refusing to give a reference for some but not for others would probably be a breach of them.

I'd suggest going back to HR at the council and check that they will confirm start and end dates of employment, and use that in future rather than attempting to get a reference from a manager who'd taken against someone.

InsideInsurance

Presumably the agency controls the requests for references etc?

Unless your partner gets a client that wants references from all clients/employers in the last X years then it is unlikely to be a problem. In my experience of contractors, references are rarely formally taken and when they are they are at most last/current client plus one more thus no need to give a specific historic client.

Libel (deformation in writing) is the same as most torts in that you must prove your losses. As its not effected your current job it is unlikely you'd be able to prove any loss as a result of the reference. If it were verbal (ie slander) then you can sue even without having to prove you sustained loss as it is one of the few cases of strict liability - though without being able to prove losses you'll get a token award of circa £1

Moot

SarEl wrote: »

Actually, an employer can refuse to provide a reference. There is no requirement to provide a reference. Since this is a public sector agency then the chances are that HR would not refuse a reference, but may only provide a basic reference if a manager refuses to write one.

If there has been no impact on current employment (and hence, it would seem, little prospect of impact on future employment); and if you do not want to go down a legal route (which will be very difficult to do anyway since there is no detriment - what do you actually want out of taking this further? Because what you want to happen dictates the possible routes - and also the prospects of success.

And how does the manager have a grievance against your partner for something the manager allegedly did?

We are not after a legal redress as I said in my first post.

We are concerned about it because her current employers have not finished the reference check. I know it sounds strange. She was offered the job on friday and started on monday as they were desperately short staffed.

We just want this reference changed to an honest and factual one. Not one that is misleading and untruthful, as it is her most recent.
As for the grievance, the manager blamed my partner and her agency for applying for the post and continued to do so until the day she left.

Even though the manager asked her to come for an interview, then interviewed her and then offered her the job. My partner even mentioned her lack of experience in the area of work in the interview and still got the job.

The manager not accepting responsiblity for decisions made was an ongoing theme I'm afraid.

bwhomeresponse

speak to the previous managers superiors, tell them whats going on.

Acc72

Catherine_Johnson wrote: »

Where on earth did you get that idea from? Of course someone can refuse to give a reference if they don't want to. There's no law which says someone has to provide a reference!

You need to relax and understand my reply in relation to the OP.

As the OP's partner works for a council on a freelance basis, my comment was based on the fact that I would be amazed if any public sector body ever refused a reference.

As I now understand that the previous employer was a Council, it may be that all references need to be provided by HR and not individual managers.

As I said previously, the OP needs a copy of the actual reference.


This can then be taken up with HR - you do not know when this reference may resurface again in the future, so better to get any issues or irregularities sorted now.

Moot

Acc72 wrote: »

You need to relax and understand my reply in relation to the OP.

As the OP's partner works for a council on a freelance basis, my comment was based on the fact that I would be amazed if any public sector body ever refused a reference.

As I now understand that the previous employer was a Council, it may be that all references need to be provided by HR and not individual managers.

As I said previously, the OP needs a copy of the actual reference.


This can then be taken up with HR - you do not know when this reference may resurface again in the future, so better to get any issues or irregularities sorted now.

Exactly hopefully it won't resurface but we wan't to make sure.

Also why should my partner be content to have someone lie about her on a reference?