Previous employer refused to be a referee?

moominpops

Hi everyone, i have been offered a new job subject to satisfactory references and i need your opinions quite quick as i need to email the HR Department back tomorrow with details of 2 referees. I already have a personal referee ready and i have just rang up my previous employer to ask his permission to use him and he refused. He wouldn't talk to me just told the receptionist to tell me no, no explanation and i was quite shocked so didn't think to ask. I can't understand why he would refuse as i never did anything bad at my old work i worked really hard, no warnings or anything they were just annoyed with me because i got pregnant and had to leave.

The new job i have said that it is basically only offered to me if they get satisfactory references and now my old empoyer has refused won't this look bad against me? Will they need proof i worked at my old job if i can't use my boss as a referee and who else could i use now i'm stuck. I am going to ring up my old workplace tomorrow and ask if my previous employer won't give me a reference because of company policy or just because he does not want to.

(Deleted some bits of personal info)

marybelle01

There is no law to say that an employer has to provide a reference. If they refuse then that is up to them. Is there anyone else you could use?

BobQ

The employer appears to have breached the law by discriminating against you because you fell pregant. Because you left rather than were dismissed, the employer is laughing because they got rid of you, do not have to pay your maternity leave and can employ a replacement at relatively little additional cost. I do not know how long ago that was but you may have had a claim for constructive dismissal at the time as you were effectively being discriminated against. For example you had a legal right for medical time off connected with your pregnancy. But its probably too late to do anything now.

On the reference you cannot force anyone to give you a reference and even if you could would you really want one from them when they do not want to do it. They could give you one and highlight your poor timekeeping for example.

I would simply tell your prospective employer who your previous employer was and that they have refused a reference for reasons you cannot understand. If pressed just say that they appeared unhappy that you fell pregnant and were rather antagonistic over it.

Do you have another previous employer you could ask or maybe someone you have done voluntary work for?

dseventy

BobQ wrote: »

The employer appears to have breached the law by discriminating against you because you fell pregant. ?

Thats quite a bold statement!

Only a ET or a court can decide if the OP was discriminated against! Not "BobQ" and not on a internet forum!

OP, I would speak to the new company and explain the situation, see what they say.

D70

moominpops

Thank you for your replies. I left my last job near the end of 2010, i did get maternity pay and did leave when i was 30 weeks so no problems there. I am just confused as to why he refused to be a referee, i should have asked if there was a reason but i wasn't expecting him to say no. With me getting pregnant just after they kept me on (not purposely it was a surprise) i though that maybe they still held a grudge that they had to pay me maternity pay so are refusing to give me a reference out of spite seeing as no explanation was given just a straightforward no.

I have no previous employers to ask for a reference as this was my first job, at first i was an apprentice and then they kept me on as i was cheap enough to pay. I am at a loss now who to ask to be my referee, i have a personal referee but no one to ask from the work point of view. Do i ring them back up tomorrow and ask if there is a reason why he won't be my referee or not? I have to email the HR department of my new job tomorrow and explain that my previous boss won't do it so they will probably want to know why. I just don't know who to ask now that he has refused.

sniggings

I think it will be a waste of time ringing again, you could try though.

If it has to be a past employer then all you can do it be straight with your new employer and tell them it was your first job and the reasons why you believe they have said no, maybe mention you can get another reference from someone else you may know, such as your family Doctor, a Police officer etc someone you know will be happy to do it and has a suitable job that will carry some weight.

Your past employer sounds a right nasty bleep, I feel for you.

Torry_Quine

To be honest I've not heard of contacting your previous employer to ask if they'd give a reference. In my experience you would give the names of references in the application form or at the latest at the interview. I would contact someone I was using as a personal reference but it wouldn't occur to me to contact my previous employer.

fleesaurus

moominpops wrote: »

Thank you for your replies. I left my last job near the end of 2010, i did get maternity pay and did leave when i was 30 weeks so no problems there. I am just confused as to why he refused to be a referee, i should have asked if there was a reason but i wasn't expecting him to say no. With me getting pregnant just after they kept me on (not purposely it was a surprise) i though that maybe they still held a grudge that they had to pay me maternity pay so are refusing to give me a reference out of spite seeing as no explanation was given just a straightforward no.

I have no previous employers to ask for a reference as this was my first job, at first i was an apprentice and then they kept me on as i was cheap enough to pay. I am at a loss now who to ask to be my referee, i have a personal referee but no one to ask from the work point of view. Do i ring them back up tomorrow and ask if there is a reason why he won't be my referee or not? I have to email the HR department of my new job tomorrow and explain that my previous boss won't do it so they will probably want to know why. I just don't know who to ask now that he has refused.

Did you get the job whilst pregnant but only later tell them? That's what happens when you lie.

If not, they can easily say conflict of interest or refuse to give any reason. They're not legally obliged to provide you any reference or give you a reason for not acting as your referee. Move on and find someone else. Isn't there someone else within the company you can use? Like your supervisor?

sniggings

fleesaurus wrote: »

Did you get the job whilst pregnant but only later tell them? That's what happens when you lie.

If not, they can easily say conflict of interest or refuse to give any reason. They're not legally obliged to provide you any reference or give you a reason for not acting as your referee. Move on and find someone else. Isn't there someone else within the company you can use? Like your supervisor?

where was the lie? they are not allowed to ask at interview .

It sounds as the OP got pregnant after having started work anyway.

moominpops

I applied to the job with my CV and i had not wrote any references down. The new job only asked for references after they had offered me the job and sent me the contract out (the request for references is in the cover letter with the contract and with the email with a copy of the contract too.) I have always been told to ask permission to use someone as a referee so this is why i asked him first.

Fleesaurus - I was at first employed with them for a year as i was doing my apprenticeship within their company, in February the year after i had started my time was up and it was their decision to keep me on working in the office. I found out in March that i was pregnant so no, i did not know i was pregnant when they decided to keep me on. The company is tiny, only the boss, supervisor, receptionist then little old me and my supervisor was the one who told me she was disappointed in me for getting pregnant so i am 99% sure she would not give me a reference either. I could ask the receptionist as a last option but she is great friends with her supervisor so would probably be pressured into not giving me one either.

I just was after some ideas as to who else i could ask to be my referee, family doctor is out the window as i never had a set doctor and always saw different ones each time i went and i have moved since and no doctors at the new surgery know me. I guess i will just have to ring HR in the morning and ask if two personal referees would be sufficient as my one and only previous employer is not willing to give me a reference. I just hope they don't retract the job offer due to unsatisfactory references and will take two personal ones.. but i will see tomorrow.

Sambucus_Nigra

Can you ask the college who you did your apprenticeship with? Don't call them and tell them you only have one reference just yet! Lets have a think about it first.