Bad reference

Uncertain

marybelle01 wrote: »

A civil claim for negligent misstatement does not have to cost much and the claimant can even make such a claim without a lawyer. The law isn't used very often over references - but it can be and there have been successful claims.

You have mentioned this a couple of times recently. Although this is rather straying off my area, my understanding is that there are good reasons why this "isn't used very often". I seem to remember SarEl explaining this is some detail when she posted here regularly.

The normal route, if funds permit and the matter is serious enough, is a claim for defamation which has serious cost implications for whoever loses. I'm fairly sure there are only limited circumstances where the route you suggest is appropriate as, otherwise, it would be far more common.

denla

Good luck making it past your probation period if you let your new employer know you're a vengeful/litigious type of person.

MissSarah1972

denla wrote: »

Good luck making it past your probation period if you let your new employer know you're a vengeful/litigious type of person.

If someone has lied like the OP says here I think they are in their rights to pursue it. And there is no such thing as probation as you need to be at a job 2 years now to claim unfair dismissal so they could give the OP the boot tomorrow if they wanted.

denla

MissSarah1972 wrote: »

If someone has lied like the OP says here I think they are in their rights to pursue it. And there is no such thing as probation as you need to be at a job 2 years now to claim unfair dismissal so they could give the OP the boot tomorrow if they wanted.

And they WILL give OP the boot if they find out OP is very litigious. It's naive to think the new employer won't dislike OP being involved with a lawsuit for good or bad. Not good for PR when customers find out one of their employees is busy suing their previous employer.

Uncertain

MissSarah1972 wrote: »

If someone has lied like the OP says here I think they are in their rights to pursue it.

Obviously they are "within their rights" but that doesn't mean it is also in their best interest.

Sambucus_Nigra

denla wrote: »

Good luck making it past your probation period if you let your new employer know you're a vengeful/litigious type of person.

If I was an employer and taking a chance on an employee whom I'd had a bad reference for - but I trusted my own instinct I'd be supporting them and getting the reference in writing and passing it straight to the employee to take action.

MissSarah1972

denla wrote: »

And they WILL give OP the boot if they find out OP is very litigious. It's naive to think the new employer won't dislike OP being involved with a lawsuit for good or bad. Not good for PR when customers find out one of their employees is busy suing their previous employer.

How will any customer find that out? Who said sue them? I said find out what they said and then ask why they said it

But then again you can let it go and let the ex company tell lies about you and let the new boss believe them

good luck OP

ACDC1978

Ok, I've been thinking about it all day and I think the best course of action is to not take it further with courts etc but I'm going to go in and have a word with the manager and explain that I've never had a bad reference before and I really don't want something like that hanging over my head! I can get another reference from my direct supervisor (she has offered earlier today after hearing about what went on), is this a good idea?

LittleVoice

MissSarah1972 wrote: »

If someone has lied like the OP says here I think they are in their rights to pursue it. And there is no such thing as probation as you need to be at a job 2 years now to claim unfair dismissal so they could give the OP the boot tomorrow if they wanted.

Not true.

Probationary periods can mean something when the terms of employment change once the probationary period has passed.

There is no length of service requirement to claim unfair dismissal for unlawful discrimination or exercising a statutory right.

MissSarah1972

LittleVoice wrote: »

Not true.

Probationary periods can mean something when the terms of employment change once the probationary period has passed.

There is no length of service requirement to claim unfair dismissal for unlawful discrimination or exercising a statutory right.

but surely the employer just says it's not working out.