Unfair reference?

[Deleted User]

Comments very much appreciated.

I recently lost my job due to a negative reference from an old employer.

I worked in the role that earned me this negative reference for about 6 months and it was always very hard going the whole time. The company was all about sales rather than delivering a quality product so we were always massively behind from day 1 (department was under a lot of complaints and legal action never mind the problems other departments we were having that I had to help clear up sometimes!).

There was understanding from the management but recommendations to separate the do-ers from the project manager so that the do-ers do and the project managers filter and manage the constant problems were never met despite constantly asking and offering a solution that we take a break from new projects while I work the backlog only.

I got myself another job and resigned. They asked when I wanted to go and I said I was happy to work my notice.

They (MD+HR) tried to persuade me to stay after handing in my notice several times going on and on that they paid a lot of money for me and that they were doing what I asked them and everything is changing.

They were very angry.

One day they said I can leave that day. I thought about it and agreed an hour later at 3PM so there's 2 1/2 working hours left in the day.

HR claims that she asked me to compile folders on each project and report back at the end of the day. There's no way she asked me to report back and I went over everything with her anyway.

I said I'd organise a handover and speak with everyone which I did. I sat down with the guy that was taking over and explained what he was taking on, contacted all the contractors, and sat down with HR and went through each project where it was at and who to take over and stressed again they needed a dedicated project manager.

At 17:30 I began to collect my things. I had a lot of computer equipment (another sore point having to buy decent equipment myself) and clothing (used to cycle to work). It took me 15 mins with 3 trips to the car. I was saying bye to people etc. but didn't see HR woman who previously I had a very friendly relationship with nor did I actively seek her out (did not purposefully avoid her).

The guy I handed over to left before me too.

HR say they struggled to get the projects in order but that was the job and exactly why I left. I only had 2 1/2 hours to organise. HR say that I left the building without telling them.

Anyway, she wrote this on my reference that my new employer chased up without my knowledge!

I get the sack after 3 weeks probably because they are very strict about negative references (annoying in itself).

This must be an unfair reference surely...?

What do I want from this? If I can get another job without them spoiling another chance then I'm just about OK with that despite the stress and loss of earnings. I'd settle for them to concede it's unfair and never give another negative reference if I don't sue them. Otherwise, I'm going to have to issue proceedings.

Thoughts? Thanks

Uncertain

A reference must be true and not deliberately misleading. It is possible sometimes to stick to the truth but to (deliberately or otherwise) give the wrong impression.

Expressions of opinion in a reference enjoy qualified privilege so can be harder to argue than pure facts.

The legal options are a clam for defamation (which is vastly expensive as it has to be a High Court action). This would be an enormous risk unless you can find a solicitor willing to take it as a no win no fee case.

There is also the possibility of a County Court action (far cheaper) for negligent misstatement. Again not without risk.

Legal expenses insurance is unlikely to cover either I'm afraid.

You need to remember that there is no obligation on a firm to provide a reference at all so, even if you won either action, the court cannot order them to give you a good reference in future. You need to consider whether you would be any better off if a future employer simply got a refusal or no reply.

Obviously you may be able to get an agreement to provide a decent (or neutral) reference as part of any out of court settlement.

Having said all of that it is of course perfectly possible that one sharp solicitor's letter will have the desired result. However it may not. The firm may choose to defend their position or they may simply tough it out assuming you do not have the resources to fight.

There was a saying that "Only rich men and publicity seekers sue for libel" although that was before the advent of no win no fee.

Not easy I'm afraid.

Mands

Previous thread to save people repeating suggestions already made.

https://forums.moneysavingexpert.com/discussion/4276781