Need help!

truly86

Hello,

I posted on the forum several months ago about a magazine I was working for in Birmingham. At the time, the editor was being out of line and making me work at least 40 hours per week, and I would be receiving £50 per week. I left the company a few weeks ago and have found legal advice, as I was not aware at the time that what the editor was doing was illegal. I worked hard at the magazine for 5 months and they knew how much I wanted a job. I have been told by a solicitor and Pay and Work Helpline that I have a strong case against the magazine and will be given what I am entitled to.

The reason why I am posting here today is because I would like some advice on one of the employers of the magazine. She said that she would give me a reference, however, in my case against the magazine, I have decided to make a statement against her because she treated me very badly before I left. I have even tried contacting her about something and she has chosen not to respond.

What I don't want is to lie and have someone else from the magazine write a reference for me. On my last day, I left on bad terms. That's not to say I was kicking and screaming! I was told to pack up and leave within half an hour of being in the office and didn't get a chance to say goodbye to anyone.

Since leaving the magazine, I have felt relieved and more positive about the future. I recently applied for a job in Leeds and put the person in question down as a reference, but I am worried she will say something bad. Today I have come across other jobs I would like to apply for, but I don't know what I should do.

Please help! Any advice will be much appreciated

Truly86

marybelle01

I am not sure what advice you are asking for, but if it is about a reference, then an employer doesn't have to givea reference at all, and if they do it only has to be truthful, which leaves a lot of room for it not to be the same thing as good. I think you can take it that if she won't respond to your contacts you aren't very likely to get a reference from her.

truly86

What I think she should do is give a truthful reference about the work I did at the magazine and how I dealt with organising, handling deadlines, interviewing and training interns etc. It should not reflect when I finished working there. My mom told me that I will most likely get a bad reference, and if that is the case, I would rather ask someone else to provide me with one or not have one at all.

I only put her down as a reference because she said she would provide me with one. If I am not likely get one from her, shall I use references from other employment/internships?

hcb42

If you are taking them to tribunal then it is highly unlikely they will give you a reference, certainly not one which talks about skills.

That's just the way it is unfortunately, and I would line up some alternatives ASAP

truly86

Thanks hcb42.

Shall I get an alternative from someone else at the magazine or use references before I worked there? I am only worried because I think maybe jobs I am applying for now would want a reference from a recent employer. Or does it not matter so much?

Uncertain

If a reference from this employer is important the then best bet is to try and reach a negotiated settlement before it gets to a tribunal.

Even if you win hands down at tribunal they have no power to order the firm to give a reference.

However an agreed reference can form a legally binding part of a settlement. As it costs nothing employers will often agree just to get the matter closed.

Do beware that, although they would be stupid to deviate from an agreed reference in writing it is amazing what can get round the grapevine or into "off the record" phone calls.

getmore4less

I left the company a few weeks ago and have found legal advice

The clock is ticking for an ET.

why bring up any thing to do with treatment I don't see how that benifits you unless you can try for constructive didmisal but that will be a tough one to win.

You want the pay, focus on that it will be more factual and easer to make a case that has a chance but if using legal help and you don't win you may be left with no pay and a bill.


I think the reference may allready be lost cause, unless you can get them to do one you can always change person if there is someone willing to help

truly86

The magazine are not aware that myself and other people have filed a complaint to Pay and Work Helpline and that they are being investigated. A negotiated settlement would not work also. They owe me over £4000. I cannot just walk in there and ask for it. These people are very conniving and will do anything to cover their own backs.

Uncertain

truly86 wrote: »

The magazine are not aware that myself and other people have filed a complaint to Pay and Work Helpline and that they are being investigated. A negotiated settlement would not work also. They owe me over £4000. I cannot just walk in there and ask for it. These people are very conniving and will do anything to cover their own backs.

No, you misunderstand.

If you file an employment tribunal claim (for which there is a strict 3 month time limit) ACAS will become involved and first try to reach a legally binding negotiated settlement (called a COT3). If you have a strong claim in law they will point this out to the employer and encourage them to settle. A reference can form part of such a settlement but can't be ordered by a tribunal if it gets that far.

truly86

I finished working at the company three weeks ago and have already been in contact with a law firm with sorting out an ET form by Tuesday. I think the process will be quick because I have the help elsewhere (have to withhold this information!) and my Pay and Work Helpline complaint has been accepted. I will know by the first week of September what will happen then. I think also that I contacted ACAS first (one of the employers from the magazine told me to), but they put me in touch with Pay and Work Helpline.

theoretica

I think you would probably be safer off not putting anyone at the magazine as a reference. If, as you say, the company is currently unaware you are complaining about them you might get a decent reference, but you say yourself you left on bad terms and do you want to risk it?