bad reference

Tiddlywinks

Have you made requests for copies of your personal data:

- to both parties?
- to your interim employer (as they had a 'good' reference from your former employer)?
- in the correct format and in writing?

You need to leave them all in no doubt that you will follow up any non-responses.

Anyway, as asked before, would your last company accept that the 'dodgy' reference was raised in error if you were able to obtain a replacement?

lalalalalalala

i am hoping they will retract the bad reference and apologise but i will have to wait and see!!

i have sent letters to all the necessary people.

Thanks

Uncertain

lalalalalalala wrote: »

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

Have you submitted a formal subject access request under the DPA? If not you need to do so. Google will find you any number of explanations of how to do it. They have, from memory, two months to comply. Be aware however that it can be very difficult to prove if anything has been left out and even harder to get anything meaningful done about it.

DCodd

Uncertain wrote: »

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.

Falsification of documents is a simple case of fact. If they can prove it happened or on the balance of probability that it is most likely to have happened then they have given a true reference. However if there is no evidence of falsification and no compelling reason for the employer to believe there could be falsification i.e. the result of a reasonable investigation, then it should be seen as a misleading reference at best.

lalalalalalala

yes, I have used a template letter from the internet, they all have 40 days to respond

lalalalalalala

i have not knowingly or intended to falsify any documents so i have no idea what they are referring to esp since we used key fobs to get in and out of the building so i am not sure how this is possible!

DVardysShadow

lalalalalalala wrote: »

i have not knowingly or intended to falsify any documents so i have no idea what they are referring to esp since we used key fobs to get in and out of the building so i am not sure how this is possible!

Then you need

• a copy of the reference from the new employer [£10 data subject request]
• a copy of your keyfob book on times from your former employer [£10 data subject request]

These should be adequate evidence for a negligent misstatement claim as per marybelle

lalalalalalala

Just to let you know I have recieved a copy of the reference and I have an appointment with a lawyer tomorrow, thanks for all of the advice

Sambucus_Nigra

lalalalalalala wrote: »

Just to let you know I have recieved a copy of the reference and I have an appointment with a lawyer tomorrow, thanks for all of the advice

Is it indeed, completely incorrect?

lalalalalalala

it is very contradictory- it says i only worked there for 6 years when it was 7 years and 9 months, its also says that i am not 100% loyal, trustworthy or honest yet I liaise and share work in an open fashion.
It says I am not always sympathetic or empathic but i am able to form professional relationships.
Another part says that I was about to undergo a disapilinary for timekeeping but I had no knowledge