losing new job due to unfair work reference. Help Pls

blckbrd

Just for information - here's the ICO guidance

The author of a reference given in confidence has no obligation to provide a copy to the subject. The receiving employer can make a judgement call depending on how the information was processed under DPA rules.

OP - did you have one-to-ones that recorded your performance etc.? Maybe you could possibly do a subject data access request with your old employer if you think the information would help you. I'd advise I wanted them in order to take legal action just to put the wind up them at least.

Anyway, good luck.

zzzLazyDaisy

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.

That is not correct.

The employer giving the reference is protected by an exemption in the DPA and does not have to supply a copy on request.

But the employee can make a DPA request of their current employer and the reference must be provided by them. The fact that it was requested 'in confidence' is irrelevent as the employee is entitled to see what is on their file.

But it is something of a red herring as there is no real avenue of redress as court proceedings costs £1000s and chances are, OP is unlikely to have the funds.

denla

zzzLazyDaisy wrote: »

That is not correct.

The employer giving the reference is protected by an exemption in the DPA and does not have to supply a copy on request.

But the employee can make a DPA request of their current employer and the reference must be provided by them. The fact that it was requested 'in confidence' is irrelevent as the employee is entitled to see what is on their file.

But it is something of a red herring as there is no real avenue of redress as court proceedings costs £1000s and chances are, OP is unlikely to have the funds.

If OP has low income and savings he can apply legal aid for free. There's also no win no fee lawyers out there.

vintagebrighton

Legal Aid has been slashed and is not available for these sorts of cases. The onus is all on the applicant to pay which, as zzzLazyDaisy says will cost thousands.

gavinh_2

my job is not much more than minimum wage if that makes a difference?

i would like to give the person who did my reference a shock, and make him realise he cant do that to people and im not letting him get away with it now or ever again.
could i get a solicitors letter? legal aid help with something like that?
iv been put through alot of worry with this and i certainly dont want to go through this again!

ohreally

Right to access reference - https://forums.moneysavingexpert.com/discussion/comment/56255457#Comment_56255457

gavinh_2

i was wondering whether to have a free consultation with a solicitor, and ask them to send a warning letter to this person. would that be the way to go with this? and how much would that cost me?

ps thanks all for the advice iv had here

Uncertain

gavinh wrote: »

i was wondering whether to have a free consultation with a solicitor, and ask them to send a warning letter to this person. would that be the way to go with this? and how much would that cost me?

ps thanks all for the advice iv had here

It might work and I would guess £200 to £300 assuming you start with a "free" consultation.

The problem is what then? There is a well know saying "only rich men and publicity seekers sue for libel" although to be fair that was before no win no fee was available.

A false reference can also be challenged with a claim for negligent misstatement wich can be brought in the County Court so is far cheaper.

A former libel lawyer (Nicky ??) sometimes posts on here. She may be able to offer better advice.

Regardless of some of the misinformed comments above, you can obtain a copy of the problem reference from the company it was sent TO regardless of whether it was sent "in confidence" or not.

gavinh_2

i have been allowed to see the reference, and none of the "poor" levels they have attained to me are true, and also there was a comment underneath that i have no interpersonal skills, when actually i was happily working in and enjoying my customer service role for the best part of a year without any issues. so basically it is libellous as far as im concerned, and could still do me damage in future if i dont get it stopped.
i dont have £200-£300 to be able to send 1 solicitors letter though surely i have other options?

zzzLazyDaisy

I can't see that you have any options.

• ET's have no power to hear defamation cases, even when arising out of a reference
• Defamation cases in court have no legal aid and cost thousands of pounds
• Negligent mistatement cases are less expensive to run and legal aid is still available (as far as I know but that might have changed) however you are working and earning, so the chances are you will be outside the income limtes for LA, as they are very low.
• In any case, you have lost nothing - your current employer did not take notice of the reference and you did not lose your job, so you have no lost income and no loss of reputation (the reference was not published to the public, just to this employer who did not believe the reference)
• You want to get a solicitor to write to the former employer but cannot afford the legal fees (and are unlikely to get legal aid, see above)

The only other way I can think of rectifying this situation is to make a claim to an employment tribunal about another issue and ask acas to conciliate an agreed settlement which includes an agreed reference (the tribunal does not have the power to order a reference but it is common for settlements to agree a mutually acceptable reference. But you would need to have a legitimate claim against the former employer for that, and be within the 3 month time-frame for making such claims.