bad reference

lalalalalalala

i was sacked from my perfect job on friday due to a bad reference from a previous employer.
I had left the previous job approximately 2 months before and they gave a good reference to the interim employer so I was somewhat shocked at the damming reference i have recieved since.
the new employers cited that my old employers had said that i had falsified documents in relation to time keeping - which i can not think of anything that i have done that might be construed as that. apprently they said if i had not left i would have been facing a disaplinary but since i had left they do not have to investigate.
so i have no idea what they have said that i have done or what i might have done.
I have written to both employers asking for a copy of the references and i plan to ask previous employer for my employment records under data protection.
i feel that my reputation and career have been completely destroyed.
can anyone offer any advice please?

marybelle01

You can sue for losses caused by an incorrect reference - but you first have to prove what it says and that the statements it contains are incorrect. If it is the truth then that is a defense for the employer. Have you actually asked the old employer about this? Not just written asking for a copy, but asked them?

lalalalalalala

i have e-mailed the HR department and asked for a copy of the reference, they have said that they do not have a copy, I have asked for a copy of my employment records under the data protection act..they reponded within 7 mins saying that they are going to talk to the person that provided the reference...unfortunately the damage has been done as i have lost my furure employment.
i do not want to speak to my old boss as i want everything in writing now.

Uncertain

marybelle01 wrote: »

You can sue for losses caused by an incorrect reference - but you first have to prove what it says and that the statements it contains are incorrect. If it is the truth then that is a defense for the employer. Have you actually asked the old employer about this? Not just written asking for a copy, but asked them?

Yes, but just to expand on this........

Obviously if there are errors of pure fact then it is relatively easy. However, it is more likely the problem will be in an area that is a matter of opinion. Up to a point, if whatever was said was the writer's sincerely held opinion then this is also a valid defence even if you could later show that it was a minority view.

A reference must also not be deliberately misleading. It is perfectly possible for somebody who doesn't like you give a very misleading impression without straying from the facts (i.e the truth but not the whole truth).

If you think this has happened then you need to take legal advice. Beware however that this may not an easy or cheap process.

Uncertain

lalalalalalala wrote: »

i have e-mailed the HR department and asked for a copy of the reference, they have said that they do not have a copy, I have asked for a copy of my employment records under the data protection act..they reponded within 7 mins saying that they are going to talk to the person that provided the reference...unfortunately the damage has been done as i have lost my furure employment.
i do not want to speak to my old boss as i want everything in writing now.

You actually have more rights to demand a copy from the firm it was sent to.

lalalalalalala

i have also requested a copy from the potenial employer.

"Obviously if there are errors of pure fact then it is relatively easy. However, it is more likely the problem will be in an area that is a matter of opinion. Up to a point, if whatever was said was the writer's sincerely held opinion then this is also a valid defence even if you could later show that it was a minority view.

A reference must also not be deliberately misleading. It is perfectly possible for somebody who doesn't like you give a very misleading impression without straying from the facts (i.e the truth but not the whole truth)."

I would have to suspect that it is an error of facts and once i have all the information i plan to visit the CAB for legal advice.

I had volunteered to do a lot for my former organisation by attending promotional events in my own time, I had sat on the ICT Governance Group so I know that requesting my info through the data protection act will create a massive problem for them.

I have read that my former employer has a duty of care to provide a true and accurate account of my time there but from what the new employer indicated there was not one positive comment about my performance.

I know that my previous supervision from April/May was very positive and I am also aware that my senior worker did not type it up so i suspect that there is no record of this.

I am in utter shock that this has happened and can not believe that I have found myself in such a situation.

pickpocketlocket

This will not be something CAB can help with - defamation (if it does amount to that) is a very complex (and expensive) area of the law. Post back here when you have the information and we can give an opinion on whether it is worth pursuing the matter via legal channels.

Uncertain

lalalalalalala wrote: »

I would have to suspect that it is an error of facts and once i have all the information i plan to visit the CAB for legal advice.

I had volunteered to do a lot for my former organisation by attending promotional events in my own time, I had sat on the ICT Governance Group so I know that requesting my info through the data protection act will create a massive problem for them.

I have read that my former employer has a duty of care to provide a true and accurate account of my time there but from what the new employer indicated there was not one positive comment about my performance.

I know that my previous supervision from April/May was very positive and I am also aware that my senior worker did not type it up so i suspect that there is no record of this.

I am in utter shock that this has happened and can not believe that I have found myself in such a situation.

The CAB MIGHT be able to refer you to a lawyer who could offer an initial opinion but I very much doubt they will be able to do any more than that. An opinion from one of the lay volunteer advisors will be of little help.

An employer is not obliged to provide a reference at all. An increasing number of firms restrict themselves to simply confirming that you were employed and will provide no other information. If they do go further then, as I said, they have a legal duty to ensure that the reference is true and not deliberately misleading.

There is a common myth that you cannot give a "bad" reference which is utter nonsense. As I said earlier so much can be held to be a matter of opinion and very difficult to prove that it was deliberately untrue.

I'm afraid this is not going to be easy.

Tiddlywinks

You need to ask your most recent employer for a copy of their records as well.

How did they receive the reference? Hopefully in written form... and not just over the phone.

You need the received information in order to compare it to the information provided by the former employer.

If a company is large enough to have an HR department then it is large enough to retain copies of references supplied concerning former employees. Remember the relevant DPA principles:

4. Personal data shall be accurate and, where necessary, kept up to date; and

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Both companies should retain the data provided / received and should be prepared to supply copies for your information.

If your former manager provided an inaccurate reference (for whatever reason) then the HR department could offer to withdraw it and write a replacement with a covering note explaining that the former was sent in error (wrong employee / wrong file or whatever) - do you think this might be a face-saver that they might go for?

marybelle01

pickpocketlocket wrote: »

This will not be something CAB can help with - defamation (if it does amount to that) is a very complex (and expensive) area of the law. Post back here when you have the information and we can give an opinion on whether it is worth pursuing the matter via legal channels.

It isn't defamation however - it is negligent misstatement (assuming the statements are incorrect - for whatever reason), and is a county court action.

lalalalalalala

my former employers have not responded since my request for my employment records under the data protection act.

i am aware that this process is not going to be easy but i figure that i have nothing left to lose and i need something to do now that i am unemployable!