bad reference

lalalalalalala

sorry for the spelling mistakes

pickpocketlocket

lalalalalalala wrote: »

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

I don't find that contradictory - the dates are clearly wrong, which should be easy enough to resolve. Have you pointed out their error and asked them to amend it?

The next few are statements of opinion, which may not be favourable to you but are not defamatory. They are not contradictory - you can be professional but lacking in empathy, it's called being cold.

They state that they were about to discipline you, not that they have, nor what the outcome would have been.

I fail to see anything that would warrant legal action. With the exception of the first point it is all opinion.

Somerset

pickpocketlocket wrote: »

I don't find that contradictory - the dates are clearly wrong, which should be easy enough to resolve. Have you pointed out their error and asked them to amend it?
Needs correcting but not the problem.

''I am not 100% loyal, trustworthy or honest''The next few are statements of opinion, which may not be favourable to you but are not defamatory. They are not contradictory - you can be professional but lacking in empathy, it's called being cold.
I would hope (not an expert) that a reference stating an employee is untrustworthy and dishonest must be verifiable by the ex-employer. Otherwise they can't say it.

They state that they were about to discipline you, not that they have, nor what the outcome would have been.
Irrelevant. The OP says there was no impending disciplinary. If they supply evidence they were about to .. but hadn't got as far as notifying the ex-employee ... legal advice needed. Of course if they can't supply evidence of an impending disciplinary then it's a fabrication.

I fail to see anything that would warrant legal action. With the exception of the first point it is all opinion.

OP, that's a shockingly bad reference, if untrue, and I'd be going down the same route as you. Thinking about it, if they can't substantiate the statements, I'd think they'd be in a whole heap of trouble.

Sambucus_Nigra

lalalalalalala wrote: »

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

Have you checked that they have the correct file on you?

lalalalalalala

yes, it is the right reference, they also say i contribute but not always that I am very competent but lack interpersonal skills when the job was working with people.
they said that i failed to complete agreed actions but they never set any, they said that i was sick and did not inform the management when i did.

I believe that many of the statements are misleading with no actual proof/factual evidence to back up the statements- so i will see what the lawyer says tomorrow.

Uncertain

lalalalalalala wrote: »

yes, it is the right reference, they also say i contribute but not always that I am very competent but lack interpersonal skills when the job was working with people.
they said that i failed to complete agreed actions but they never set any, they said that i was sick and did not inform the management when i did.

I believe that many of the statements are misleading with no actual proof/factual evidence to back up the statements- so i will see what the lawyer says tomorrow.

By all means talk to the lawyer tomorrow (particularly if it is free) but I would think long and hard about spending any money on pursuing this.

From what you have said here just about everything could be argued to be a matter of opinion, obviously with the exception of the dates you were employed.

Do you have any insurance (e.g an add on to your house insurance) that may cover this?

If not costs will rapidly escalate as most solicitors charge £180 per hour and, in many cases, far more.

A sharply worded solicitor's letter MIGHT prevent them from sending a similar reference again but that may mean they would simply refuse to provide anything at all which has its own problems.

As for suing for your losses (unless insured) do you have the resources to do this? Equally, what would you hope to receive? The problem is, barring special contractual terms normally only found if you were head hunted) you have no security of employment for two years so the new firm could have sacked you at any point. In the first month you don't even have a statutory right to any notice.

As I mentioned earlier the High Court deformation route is closed to all but the wealthy and is normally excluded from standard legal insurance. That leaves the County Court and negligent mis-statement. Not my area but I gather this is not common for good reason.

Again, not my area but a reference enjoys some qualified privilege. To be actionable it would need to be provably incorrect (and apart from the dates this is at best arguable) or DELIBERATELY misleading which would require you to show that was their intent.

I'm sorry to sound negative but it is easy to run up a substantial bill and get nowhere.

lalalalalalala

new new employer has provided a copy of the years contract and a confirmation letter.
I am booked in with a lawyer that would provide a no win no fee service.
You do not sound negative...i know these are questions that i must face but i have nothing to lose now.

lalalalalalala

also, the old employer has told me that they do not have a copy of the reference so they do not know what they are fighting!

Uncertain

lalalalalalala wrote: »

new new employer has provided a copy of the years contract and a confirmation letter.
I am booked in with a lawyer that would provide a no win no fee service.
You do not sound negative...i know these are questions that i must face but i have nothing to lose now.

OK, that is promising.

If the solicitor is willing to take it on be very, very careful you fully understand the terms of the "no win no fee" agreement before signing.

lalalalalalala

dont worry i will x