losing new job due to unfair work reference. Help Pls

denla

danielanthony wrote: »

Like allegations of slander, they need to prove that what they say is true. What evidence do they have that your performance was poor? Did they give you a performance review whereby your performance was recorded as being poor and you AGREED with those findings?

For example, my last employer ran yearly appraisals, I always got good marks and so any reference would have to reflect this. If it didn't, then I'd be able to take them to court and get compensation for them loosing me a job due to providing untrue information.

If you didn't have performance appraisals, then it's just your word against them I suppose but definitely worth taking proper legal advice on though.

It's not difficult to falsify a recording of the performance review now. OP does not need to attend the review nor sign anything. Long as employer have a detailed log showing everything and it appears objective and consistent, OP won't have a leg to stand on.

gavinh_2

thank you for the advice so far.

im going to see my HR department at work tommorow, telling them i have the right to see the reference that was sent about me. they have already told me that basically my companies refernce sheet has lots of questions with tick boxes about lots of different areas, having several levels from poor to excellent, and the reference came back with "poor" ticked on everything. this is definitely not true and i was never given any type of warning while in this job so they have no proof to back these claims up. but i also have no proof that theyre rubbish either, but i was good at my previous job and my problems were all centred around my fall out with management.

so i'l see this reference hopefully tommorow and i already know its unfair and malicious, and i cant even be sure who sent it back as the company had some very dodgy practices going on (which i cant prove).

so what would be the next step?
thanks again for any help/advice

MissSarah1972

OP - how long where you at the job for? Surely if you were that poor you would have lasted no more than a few weeks?

If however they have ticked poor on all questions that is their opinion and I would only follow it up if you lost this job.

Hopefully where you work now will look at what you have done in the time you have been with them but we can't say.

good luck

Acc72

Ok, here is what I would do :

As said above, how long were you at the previous company for ? (eg. if it was 3 years then you must have been ok even if it did not end well ?).

I would just calmly explain to your current HR that in your last job you enjoyed your time there and worked hard etc. however you did not see eye to eye when a new manager was appointed.

Just explain that this is why you left for a new opportunity.

How have your first few months gone in the new job ? - now focus on the positives.

You moved a long distance for this job, showing commitment.

Hopefully your work has been good since you started there ?

Assuming the above, calmly ask if you can continue and that you will request another reference from your previous employer.

Do not go in there all guns blazing.

Also, do not go in there talking about tribunals etc. as this will set alarm bells ringing.

If fact (I know it is difficult), but try not to say anything negative or go into too many details about your previous situation as this again can set off alarm bells.

colino

Currently you have a bad reference (and if your current employer asked for it "in confidence" they have no right to share it with you) and are failing to meet your targets. Any dealings you now have with HR have to be focused on how engaging, positive, worthwhile and ambitious you are. Anything else will, unless you are extremely strategic to the new employer, be signs of why you left the last place and confirm the new employers wish to offload you now.
Focus on how profitable it will be for them to keep you, not bleat about the injustice of it all.

axomoxia

I'm sure a friend (who 'wishes in employ you in a new venture') could also request a reference from the same person. From the the link in the thread a misleading reference could get the referee in court. I would think _not_ supplying the rather significant fact that the person supplying the reference was the focus of a formal grievance procedure bought by the OP is in itself misleading....

MissSarah1972

colino wrote: »

Currently you have a bad reference (and if your current employer asked for it "in confidence" they have no right to share it with you) .

No but the employer who got the reference can

https://www.gov.uk/work-reference

colino

MissSarah1972 I'm not sure what point you are trying to make, but if her current employer requested the reference from OPs previous employer "in confidence" they have absolutely no right to disclose it to the OP or anyone else.

jazabelle

colino wrote: »

MissSarah1972 I'm not sure what point you are trying to make, but if her current employer requested the reference from OPs previous employer "in confidence" they have absolutely no right to disclose it to the OP or anyone else.

Wouldn't data protection apply? Pretty sure you're entitled to see any information a company holds on you, with a few exceptions.

MissSarah1972

colino wrote: »

MissSarah1972 I'm not sure what point you are trying to make, but if her current employer requested the reference from OPs previous employer "in confidence" they have absolutely no right to disclose it to the OP or anyone else.

The point is this - you are allowed to request to see the copy of the reference from the company who now has it. Your 'file' at work is only confidential from others not yourself and you can see anything they hold on you.