bad reference

duchy

Presumably the reference is written on company notepaper so I don't think they'd have a leg to stand on if they used that defence. They have a responsibility that an employee represents them competently and legally. I have to wonder if this is a one off or if bad references are routine if employees are going to a competitor with this firm or if it is a personal issue by an aggravated line manager.

The things that I wonder are

Were the references written by HR or by a line manager

Were both references written by the same people

Is there any reference to the poor timekeeping issue that was never mentioned but was going to supposedly happen in the OP's file (I'm assuming he/she has obtained full records under Freedom of Information)

I think the company would be insane to go to court as the first reference damns them as it makes the probability of the second reference being influenced by the fact it was for a competitor more likely.

JonathanStewart

This has echoes of case that went on a few years back:

http://www.ortolangroup.com/downloads/Ortolan-Legal-Newsletter-June-20112.pdf

A defamatory e-mail containing unsubstantiated allegations about an ex-employee was sent by the former employer to a new one, shortly after the ex-employee had begun his new job at the new place. The new employer fired the new employee as a result of this e-mail, the individual sued the ex-employer in the high court for sabotaging him and won substantial damages as a result.

Uncertain

JonathanStewart wrote: »

This has echoes of case that went on a few years back:

http://www.ortolangroup.com/downloads/Ortolan-Legal-Newsletter-June-20112.pdf

A defamatory e-mail containing unsubstantiated allegations about an ex-employee was sent by the former employer to a new one, shortly after the ex-employee had begun his new job at the new place. The new employer fired the new employee as a result of this e-mail, the individual sued the ex-employer in the high court for sabotaging him and won substantial damages as a result.

I don't think anybody is disputing that this can happen.

However, due to the risks involved and indeed the upfront costs, this course of action is only open to the wealthy unless they can find a solicitor who will take the case on a conditional fee. I have no idea how easy this is to achieve for what I presume can best be described as an "everyday job".

Even then (and Nicky will no doubt correct me if I'm wrong) there would be a significant insurance premium to be paid up front and this amount is still at risk.

What we don't have is any answer to the question I posted a while back. Has the OP's lawyer agreed to take this on as a no win no fee claim or has he just given informal advice to the OP to send a "letter before action"?

Nicki

When I was last working (am now a SAHM), about 90% of the claims we handled were being brought on a no win, no fee basis. So, I wouldn't expect it to be hard to find a solicitor who would do it on that basis.

There are various ways to insure for legal expenses cover. You don't have to pay the full amount for your exposure for a full claim up front. You can insure stage by stage, and withdraw at any point if you feel your chances of success are compromised. See this company for example:

http://www.thejudge.co.uk/

I hope the premium to at least raise a claim would be affordable to OP.

JonathanStewart

Im just wondering if this could be taken to a tribunal - assuming the negligence/sabotage occurred within 3 months of the OP leaving

Uncertain

JonathanStewart wrote: »

Im just wondering if this could be taken to a tribunal - assuming the negligence/sabotage occurred within 3 months of the OP leaving

I don't see how. She wasn't sacked from the job but left of her own free will.

JonathanStewart

Do you need to be sacked to take an employer to a tribunal?

Uncertain

JonathanStewart wrote: »

Do you need to be sacked to take an employer to a tribunal?

No, you can make certain discrimination claims and things like unlawful deduction of wages whist still employed or after resigning.

I still can't think of any valid tribunal claim the OP could bring here though.

lalalalalalala

hi everyone and thanks for all the advice,
I have had difficulty finding a lawyer to take on the case as no win no fee so i have done a lot of research myself, i entered a letter of claim, asking them to respond in two weeks. they wrote back asking for an extra two weeks as their HR manager was on annual leave and they wanted to take legal advice. That time has now expired, I e-mailed them yesterday asking when I would get a response but i have had nothing back yet.
(I also mentioned in the e-mail that when they sent me a copy of my employment records it included a document from another employee)
Anyway, I was thinking my next course of action would be to write to them tomorrow saying that if I do not get a response by next friday I will apply to the courts.
I was hoping to start the case on money claim online.